FREDERICK L. HENDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
.SMITH, Judge.
Appellant Henderson, who when apprehended at the scene of a break-in possessed a substantial quantity of stolen goods, was tried jointly with Thomas E. Reynolds whose appeal was also decided today. Reynolds v. State, 332 So. 2d 27 (Fla.App. 1st, 1976). Henderson complains, as did Reynolds, of the trial court’s failure to repeat the court’s charge on the presumption of innocence when, as requested by the jury, he recharged on the State’s burden of proof. The evidence of Henderson’s guilt was overwhelming and the court’s failure to repeat all portions of the requested charge was harmless to Henderson. DeLaine v. State, 262 So. 2d 655 (Fla.1972); Mathews v. State, 221 So. 2d 431 (Fla.App.2d, 1969).
AFFIRMED.
RAWLS, Acting C. J., and MILLS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
McILWAIN v. State, 402 So. 2d 1194 (Fla. 5th DCA 1981)…t. denied, 364 So. 2d 890 (Fla.1978); Farabee v. State, 336 So. 2d 1281 (Fla. 2d DCA 1976), cert. denied, 345 So. 2d 422 (Fla.1977). . Cf. Hicks v. State, 362 So. 2d 730 (Fla. 3d DCA 1978), cert. denied, 370 So. 2d 461 (Fla.1979); Spencer v. State, 332 So. 2d 30 (Fla. 1st DCA 1976) (issue of degree of force under § 794.011(3) was a jury question).…
-
Kazakoff v. State, 642 So. 2d 596 (Fla. 2d DCA 1994)…ill show, these courts do not treat such a deficiency as invalidating a juvenile’s subsequent conviction as an adult. Instead, they have reversed and remanded for the entry of a proper order while leaving the conviction intact. In Spencer v. State, 332 So. 2d 30 (Fla. 1st DCA 1976), the court affirmed a juvenile’s convictions for kidnapping and sexual battery following a jury trial even though it found the transfer order deficient for failing to contain a finding required by section 39.-09(2)(f), Florida St…
-
Reynolds v. State, 332 So. 2d 27 (Fla. 1st DCA 1976)…erchandise. One wore a brown jacket. As police arrived, two of the thieves left on foot. The third, Frederick Henderson, was arrested while attempting to drive an automobile loaded with stolen merchandise away from the scene. See Henderson v. State, 332 So. 2d 30 (Fla.App. 1st, 1976). Appellant, a black male wearing a brown jacket, was stopped while jogging down a nearby street. Appellant identified himself, explained that he often took his nightly exercise in that area and was generally cooperative with the…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- DeLAINE v. State, 262 So. 2d 655 (Fla. 1972)
- Mathews v. State, 221 So. 2d 431 (Fla. 2d DCA 1969)
- Castle v. State, 332 So. 2d 27 (Fla. 4th DCA 1976)
- Reynolds v. State, 332 So. 2d 27 (Fla. 1st DCA 1976)