Cooper v. State

District Court of Appeal of Florida

Cooper v. State

611 So. 2d 627, 1993 Fla. App. LEXIS 1270, 1993 WL 20262

CourtDistrict Court of Appeal of Florida

DecidedFebruary 3, 1993

DocketNo. 91-1739

StatusPublished

This text of 611 So. 2d 627 (Cooper v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cooper v. State, 611 So. 2d 627, 1993 Fla. App. LEXIS 1270, 1993 WL 20262 (Fla. Ct. App. 1993).

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Opinions

PER CURIAM.

Appellant argues correctly that the trial court erred by giving the “flight” jury instruction under the prohibition set forth in Fenelon v. State, 594 So.2d 292 (Fla.1992).

We conclude that the error was harmless beyond a reasonable doubt. State v. DiGuilio, 491 So.2d 1129 (Fla.1986).

We further find no error in the trial court again sentencing appellant to five and one-half years imprisonment on remand. North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969) is inapplicable here.

AFFIRMED.

POLEN, J., and SEIDLIN, LARRY, Associate Judge, concur. DELL, J., concurs specially with opinion.

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