Angel Rivera v. The State of Florida

• Court: District Court of Appeal of Florida
• Decided: June 12, 2024
• Docket: 2022-1307
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed June 12, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1307 Lower Tribunal No. F20-12456 ________________

Angel Rivera, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Diana Vizcaino, Judge.

Carlos J. Martinez, Public Defender, and John Eddy Morrison, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee.

Before LOGUE, C.J., and LOBREE and BOKOR, JJ.

PER CURIAM. Affirmed. See Mantecon v. State, 373 So. 3d 929, 939 (Fla. 1st DCA

2023) (“The harmless error test requires the State to ‘prove beyond a

reasonable doubt that the error complained of did not contribute to the verdict

or, alternatively stated, that there is no reasonable possibility that the error

contributed to the conviction.’”) (quoting in part State v. DiGuilio, 491 So. 2d

1129, 1135 (Fla. 1986)); see also Thorne v. State, 271 So. 3d 177, 185 (Fla.

1st DCA 2019) (“Although DiGuilio states that the harmless error test is not

simply one of overwhelming evidence, later supreme court cases suggest

that the overwhelming evidence of a defendant's guilt may be considered in

the harmless-error analysis where guilt has been established by evidence

not related to the claimed error.”).