SIRRON J. JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Harmless Error Analysis cases and more on FLexlaw
ON MOTION TO WITHHOLD THE ISSUANCE OF THE MANDATE
Appellee, State of Florida, has moved that we withhold issuance of the mandate in this case. The State reasons that because Isaac v. State, 911 So.2d 813 (Fla. 1st DCA 2005), is now pending briefing in the Supreme Court, State v. Isaac, 4 So.3d 677 (Fla.2009), we should warehouse this, and other cases, until the Supreme Court decides the controlling issue in Isaac, which is, of course, whether Florida will retroactively apply the rule in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Fully understanding the State’s position, we nonetheless deny the motion. Because harmless error analysis is mandated by the Supreme Court’s decision in Galindez v. State 955 So.2d 517 (Fla.2007), we deem it more efficient to remand for such analysis as we did in the opinion in this case. No matter what the outcome in Isaac, the possibility exists that harmless error analysis will dispose of this and other cases pursuant to the reasoning in Galindez.
DENIED.
BARFIELD, KAHN and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. LEE, 230 So. 3d 886 (Fla. 4th DCA 2017)…s a reinstatement of a verdict, not a retrial. State v. Rincon, 700 So. 2d 412, 414 (Fla. 3d DCA 1997). We review de novo whether the evidence is legally sufficient to support the trial court’s granting of a judgment of acquittal. State v. Konegen, 18 So. 3d 697, 698 (Fla. 4th DCA 2009). We apply the competent substantial evidence standard considering the evidence in the light most favorable to the state to decide whether a judgment of acquittal is proper. Id. at 699. “In moving for a judgment of acquittal…
-
Ginn v. State, 26 So. 3d 706 (Fla. 2d DCA 2010)…ant’s possession, other than his testimony that he found the check and was attempting to turn it in rather than cash it, and there was no evidence to refute his testimony that he did not know the check was forged). In contrast, in State v. Konegen, 18 So. 3d 697 (Fla. 4th DCA 2009), Konegan testified at trial that he did not know that the check he had tried to cash was forged. However, the State introduced the testimony of the investigating detective, who said that Konegan had admitted post-Miranda that he…
-
Slack v. State, 30 So. 3d 684 (Fla. 1st DCA 2010)…n order denying a motion for judgment of acquittal, we “must apply the competent, substantial evidence standard and ‘consider the evidence and all reasonable inferences from the evidence in a light most favorable to the [S]tate.’ ” State v. Konegen, 18 So. 3d 697, 699 (Fla. 4th DCA 2009) (quoting Jones v. State, 790 So. 2d 1194, 1197 (Fla. 1st DCA 2001) (en banc) (citations omitted)). Considering the evidence in this way, we review de novo the legal issue a trial court’s ruling [*687] on a motion for judgmen…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Blakely v. Washington, 542 U.S. 296 (U.S. 2004)
- Galindez v. State, 955 So. 2d 517 (Fla. 2007)
- Lemuel E. Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005)
- Setts v. State, 4 So. 3d 677 (Fla. 2009)