NATHANIEL WILLIAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2004-02-11
No. 3D02-11
Before LEVY, GREEN, and RAMIREZ, JJ.
865 So. 2d 637 Florida District Court of Appeal, Third District (2004) Caution
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal recurs upon a mandate issued by the Supreme Court of Florida on December 11, 2003. We vacate the harmless error analysis portion of our previous opinion, recorded at 834 So. 2d 923, and conform in all respects to the opinion of the Supreme Court recorded at 863 So. 2d 1189 (Fla.2003). As directed by that opinion and mandate we now apply the principles announced in Goodwin v. State, 751 So. 2d 537 (Fla.1999), and State v. DiGuilio, 491 So. 2d 1129 (Fla.1986), and reconsider this matter under the DiGuilio harmless error standard.

Accordingly, we hereby affirm the conviction and sentence under review finding that, although the trial court abused its discretion in not permitting the defense to elicit the fact that Hunt had been expelled from the police explorers, there was no reasonable possibility that this error affected the verdict. We therefore, affirm.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Walters v. State, 994 So. 2d 1230 (Fla. 2d DCA 2008)
    …ains no findings, explanation, or record attachments, and it does not advise Walters of his right to appeal; it simply denies his motions. This was error and requires reversal. See, e.g., Anderson v. State, 627 So. 2d 1170 (Fla.1993); Lott v. State, 865 So. 2d 637 (Fla. 2d DCA 2004). We therefore reverse the postconviction court’s order and remand for reconsideration of the rule 3.800(a) and 3.850 motions. On remand, the trial court shall enter an order that articulates its reasoning and otherwise complies…
  • Harris v. State, 911 So. 2d 221 (Fla. 2d DCA 2005)
    …r that rule stays rendition of the previously entered final judgment and sentence. See Fla. R.App. P. 9.020(h). The judgment and sentence, of course, would have been entered with notice of the right to appeal within thirty days. . In Lott v. State, 865 So. 2d 637 (Fla. 2d DCA 2004), we reversed an order entered on a rule 3.800(a) motion noting that the order was an insufficient "rubber stamp” order because it contained no explanation, attachments, or notice of the right to appeal, citing Suleiman v. State, 8…
  • Gassaway v. State, 993 So. 2d 1186 (Fla. 2d DCA 2008)
    …udge. Michael Gassaway seeks review of the summary denial of a motion and an amended motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Like the order that was reversed by this court in Lott v. State, 865 So. 2d 637 (Fla. 2d DCA 2004), the order summarily denying relief in the present appeal does not contain an explanation for the court’s ruling, include record attachments, or alert the defendant to his right to appeal within thirty days. Accordingly, we revers…

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