FRANCISCO RODRIGUEZ, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT.
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The Florida Supreme Court clarifies the harmless error standard on appeal, holding that the state must demonstrate beyond a reasonable doubt that an evidentiary error did not affect the jury verdict, rather than merely whether the error resulted in a miscarriage of justice. The Court quashes a Third District decision that applied the wrong harmless error test and remands for reconsideration.
The state bears the burden to show beyond a reasonable doubt that any error did not affect the jury verdict. The DiGuilio harmless error standard, not the statutory "miscarriage of justice" test, governs harmless error review. The Third District must reconsider its decision applying the correct standard.
[1] An appellate court must determine if there is a reasonable possibility that an error affected the verdict when reviewing for harmless error.
[2] The state bears the burden of proving that an error was harmless.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Harmless error is not a device for the appellate court to substitute itself for the trier-of-fact by simply weighing the evidence. The focus is on the effect of the error on the trier-of-fact. The question is whether there is a reasonable possibility that the error affected the verdict. The burden to show the error was harmless must remain on the state. If the appellate court cannot say beyond a reasonable doubt that the error did not affect the verdict, then the error is by definition harmful.”
Establishes the DiGuilio harmless error standard that governs appellate review
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Join FLexlaw to unlock all legal intelligenceRodriguez was convicted at trial. The trial court admitted certain hearsay statements into evidence over objection. The Third District Court of Appeal…
The full statement of facts, procedural history, and disposition for this case are member content.
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We have for review the decision of the Third District Court of Appeal in Rodriguez v. State , 215 So.3d 194 (Fla. 3d DCA 2017), which expressly and directly conflicts with our decision in State v. Lee , 531 So.2d 133 (Fla. 1988), on the harmless error standard of review. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.
In State v. DiGuilio , 491 So.2d 1129 (Fla. 1986), this Court set out the test to be applied in determining whether an error is harmless:
The test is not a sufficiency-of-the-evidence, a correct result, a not clearly *1086wrong, a substantial evidence, a more probable than not, a clear and convincing, or even an overwhelming evidence test. Harmless error is not a device for the appellate court to substitute itself for the trier-of-fact by simply weighing the evidence. The focus is on the effect of the error on the trier-of-fact. The question is whether there is a reasonable possibility that the error affected the verdict. The burden to show the error was harmless must remain on the state. If the appellate court cannot say beyond a reasonable doubt that the error did not affect the verdict, then the error is by definition harmful.
In the conflict case, State v. Lee , this Court addressed the following question of great public importance:
DOES THE ERRONEOUS ADMISSION OF EVIDENCE OF COLLATERAL CRIMES REQUIRE REVERSAL OF APPELLANT'S CONVICTION WHERE THE ERROR HAS NOT RESULTED IN A MISCARRIAGE OF JUSTICE BUT THE STATE HAS FAILED TO DEMONSTRATE BEYOND A REASONABLE DOUBT THAT THERE IS NO REASONABLE POSSIBILITY THAT THE ERROR AFFECTED THE JURY VERDICT?
531 So.2d at 134. Answering the question in the affirmative, this Court declined to modify the DiGuilio test in favor of the "miscarriage of justice" test codified by the Legislature in section 59.041, Florida Statutes (2017). Lee , 531 So.2d at 136.
We have since reaffirmed this harmless error standard numerous times. See, e.g. , Ventura v. State , 29 So.3d 1086, 1088 (Fla. 2010) (holding that the Third District "improperly utilized an 'overwhelming evidence' test" when considering whether the error was harmless); Williams v. State , 863 So.2d 1189, 1190 (Fla. 2003) (quashing in part the Third District's decision because it determined that the error "did not deprive[ ] [defendant] of a fair trial" rather than considering whether the error was harmless under the standard set forth in DiGuilio ); Knowles v. State , 848 So.2d 1055, 1058-59 (Fla. 2003) ("[T]he DiGuilio standard remains the benchmark of harmless error analysis."); Goodwin v. State , 751 So.2d 537, 546 (Fla. 1999) ("[T]he DiGuilio standard of harmless error remains the applicable analysis to be employed in determining whether the error requires a reversal on direct appeal.").
In this case the Third District departed from the DiGuilio standard, concluding:
Any error by the trial court in admitting the hearsay statements at issue was, at best, harmless. See § 59.041, Fla. Stat. (2015) ("No judgment shall be set aside or reversed ... on the ground of ... the improper admission or rejection of evidence ... unless in the opinion of the court to which application is made, after an examination of the entire case it shall appear that the error complained of has resulted in a miscarriage of justice.")
Rodriguez , 215 So.3d at 195. Consistent with our precedent, we quash the Third District's decision in this case and remand for reconsideration under the correct harmless error standard. We decline to address the additional issue raised by Rodriguez that is beyond the scope of the conflict issue. See Williams , 863 So.2d at 1190.
It is so ordered.
LEWIS, QUINCE, and LABARGA, JJ., concur.
POLSTON, J., dissents with an opinion, in which CANADY, C.J., and LAWSON, J., concur.
*1087The Third District's decision in its entirety states the following:
Any error by the trial court in admitting the hearsay statements at issue was, at best, harmless. See § 59.041, Fla. Stat. (2015) ("No judgment shall be set aside or reversed ... on the ground of ... the improper admission or rejection of evidence ... unless in the opinion of the court to which application is made, after an examination of the entire case it shall appear that the error complained of has resulted in a miscarriage of justice.").
Affirmed.
Rodriguez v. State , 215 So.3d 194, 195 (Fla. 3d DCA 2017).
Because there are insufficient facts and analysis in the Third District's decision, I would decline to exercise jurisdiction in this case. Therefore, I respectfully dissent.
CANADY, C.J., and LAWSON, J., concur.
POLSTON, J., dissenting. The Third District's decision in its entirety states the following:
Any error by the trial court in admitting the hearsay statements at issue was, at best, harmless. See § 59.041, Fla. Stat. (2015) ("No judgment shall be set aside or reversed ... on the ground of ... the improper admission or rejection of evidence ... unless in the opinion of the court to which application is made, after an examination of the entire case it shall appear that the error complained of has resulted in a miscarriage of justice.").
Affirmed.
Rodriguez v. State , 215 So. 3d 194, 195 (Fla. 3d DCA 2017).
Because there are insufficient facts and analysis in the Third District's decision, I would decline to exercise jurisdiction in this case. Therefore, I respectfully dissent.
CANADY, C.J., and LAWSON, J., concur.
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Rodriguez v. State (Fla. 3d DCA 2018)…istant Attorney General, for appellee. Before ROTHENBERG, C.J., and LOGUE and SCALES, JJ. LOGUE, J. ---PAGE 2--- 2 This case returns to us on remand for reconsideration in light of the Supreme Court of Florida’s decision in Rodriguez v. State, 248 So. 3d 1085 (Fla. 2018) which directed us to apply the harmless error standard of State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986) rather than the harmless error standard of section 59.041, Florida Statutes.1 Facts. Appellant Francisco Rodriguez appeals his…
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Rodriguez v. State, 260 So. 3d 469 (Fla. 3d DCA 2018)…LOGUE, J. [*470] This case returns to us on remand for reconsideration in light of the Supreme Court of Florida's decision in Rodriguez v. State, 248 So. 3d 1085 (Fla. 2018) which directed us to apply the harmless error standard of State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986) rather than the harmless error standard of section 59.041, Florida Statutes.1 Facts. Appellant Francisco Rodriguez appeals his con…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Goodwin v. State, 751 So. 2d 537 (Fla. 1999)
- Ventura v. State, 29 So. 3d 1086 (Fla. 2010)
- State v. LEE, 531 So. 2d 133 (Fla. 1988)
- Kinchen v. State, 531 So. 2d 133 (Fla. 1988)
- Knowles v. State, 848 So. 2d 1055 (Fla. 2003)
- Williams v. State, 863 So. 2d 1189 (Fla. 2003)
- Echeverry v. Christiana Tr., 215 So. 3d 194 (Fla. 3d DCA 2017)
- Rodriguez v. State, 215 So. 3d 194 (Fla. 3d DCA 2017)