ERIC NASHON PINKNEY
v.
THE STATE OF FLORIDA
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Pinkney appeals a Circuit Court conviction from Miami-Dade County. The appellate court affirmed the conviction, finding that any failure by the trial court to conduct a Richardson hearing was harmless beyond a reasonable doubt under established Florida harmless error precedent.
The trial court's failure to conduct a Richardson hearing, if erroneous, was harmless beyond a reasonable doubt and did not warrant reversal of the conviction.
[1] A trial court's failure to conduct a Richardson hearing is subject to harmless error analysis under the standard established in State v. …
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Join FLexlaw to unlock all legal intelligence“harmless error analysis set out in State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986) applies to trial court's failure to conduct Richardson hearing”
Establishes that Richardson hearing failures are reviewed under the harmless error framework rather than as per se reversible error
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Join FLexlaw to unlock all legal intelligenceThis case involves an appeal of a conviction in Circuit Court for Miami-Dade County. The record indicates a Richardson hearing issue was present in th…
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Opinion filed October 16, 2024. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D23-1053 Lower Tribunal No. F19-16843 ________________
Eric Nashon Pinkney,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Miguel M. de la O, Judge. Carlos J. Martinez, Public Defender, and Jennifer Thornton, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and Katryna Santa Cruz, Assistant Attorney General, for appellee. Before EMAS, FERNANDEZ and BOKOR, JJ. PER CURIAM.
Affirmed. See State v. Schopp, 653 So. 2d 1016 (Fla. 1995) (holding that harmless error analysis set out in State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986) applies to trial court’s failure to conduct Richardson hearing);
Austin v. State, 199 So. 3d 327, 329 n. 5 (Fla. 3d DCA 2016) (noting that “even if the trial court's ruling was erroneous, we find the failure to conduct a Richardson hearing was harmless beyond a reasonable doubt”) (citing Schopp, 653 So. 2d 1016). See also Ryan v. State, 390 So. 3d 86, 87 n.2 (Fla. 3d DCA Dec. 13, 2023).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- State v. Schopp, 653 So. 2d 1016 (Fla. 1995)
- Austin v. State, 199 So. 3d 327 (Fla. 3d DCA 2016)