THOMAS J. HARRIS, JR., II, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2011-07-08
No. 5D10-316
GRIFFIN, SAWAYA and COHEN, JJ., concur.
65 So. 3d 143 Florida District Court of Appeal, Fifth District (2011) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Thomas J. Harris, Jr., II, appeals his judgment and sentences for first degree murder and attempted robbery with a firearm, raising five issues. We find no reversible error and affirm. We do agree that the testimony of Deshay Jackson concerning the reason he refused to testify at the first trial should not have been admitted, but allowing the jury to hear the question and Deshay Jackson’s answer, as limited by the trial court, was harmless. See State v. DiGuilio, 491 So.2d 1129, 1139 (Fla.1986).

AFFIRMED.

GRIFFIN, SAWAYA and COHEN, JJ., concur.


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    …ris’ claims to be untimely, but otherwise affirm. After a jury trial, Harris was convicted in January 2010 of first-degree murder with a firearm and attempted robbery with a firearm. This Court affirmed his judgment and sentence in Harris v. State, 65 So. 3d 143 (Fla. 5th DCA 2011), and the mandate was issued on August 1, 2011. On July 10, 2013, Harris filed his amended motion for post-conviction relief, adding a newly discovered evidence claim. Specifically, Harris alleged that a previously unknown witnes…

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