LORENA ALFARO
v.
THE STATE OF FLORIDA
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Trial court judgment is affirmed where claimed errors are harmless in light of overwhelming and unrelated evidence of guilt.
[1] A trial error may be deemed harmless when the State's evidence of guilt is so overwhelming and independent of the alleged error that the verdict would have been the same…
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Join FLexlaw to unlock all legal intelligence“Application of the [harmless error] test requires an examination of the entire record by the appellate court including a close examination of the permissible evidence on which the jury could have legitimately relied, and in addition an even closer examination of the impermissible evidence which might have possibly influenced the jury verdict.”
State v. DiGuilio standard for harmless error analysis
Lorena Alfaro appealed a trial court conviction from Miami-Dade County. The appeal raised issues of trial error.…
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PER CURIAM.
Affirmed. See State v. DiGuilio, 491 So. 2d 1129, 1135 (Fla. 1986) (“Application of the [harmless error] test requires an examination of the entire record by the appellate court including a close examination of the permissible evidence on which the jury could have legitimately relied, and in addition an even closer examination of the impermissible evidence which might have possibly influenced the jury verdict.”); Potter v. State, 304 So. 3d 1270, 1277 n.4 (Fla. 3d DCA 2020) (“[A] reviewing court applying the harmless error test can consider the overwhelming nature of the State’s evidence where a defendant’s guilt is established by evidence unrelated to the claimed error.”); Johnson v. State, No. 3D23-2183, 2025 WL 15398, at *1 (Fla. 3d DCA Jan. 2, 2025) (“Fundamental error is defined as the type of error which reaches down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error. . . . [It] should be applied only in the rare cases where a jurisdictional error appears or where the interests of justice present a compelling demand for its application.” (cleaned up) (first quoting Scott v. State, 218 So. 3d 476, 478 (Fla. 3d DCA 2017); then quoting Ray v. State, 403 So. 2d 956, 960 (Fla. 1981))).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- RAY v. State, 403 So. 2d 956 (Fla. 1981)
- Scott v. State, 218 So. 3d 476 (Fla. 3d DCA 2017)