Cooper v. State

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

Procedural entryThis page is a short order in Cooper v. State. Read the opinion of the Court — 573 So. 2d 74 →

District Court of Appeal of Florida·Decided February 3, 1993·No. No. 91-1739·Published

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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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).

AFFIRMED.

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

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

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611 So. 2d 627 (Cooper v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

North Carolina v. Pearce

395 U.S. 711 (Supreme Court, 1969)

State v. DiGuilio

491 So. 2d 1129 (Supreme Court of Florida, 1986)

Fenelon v. State

594 So. 2d 292 (Supreme Court of Florida, 1992)

Opinions

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