Eric Nashon Pinkney v. the State of Florida

Opinion

Third District Court of Appeal State of Florida

Opinion filed October 16, 2024.

Not final until disposition of timely filed motion for rehearing.

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No. 3D23-1053

Lower Tribunal No. F19-16843

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Eric Nashon Pinkney,

Appellant,

vs.

The State of Florida,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Miguel M. de la O, Judge.

Carlos J. Martinez, Public Defender, and Jennifer Thornton, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and Katryna Santa Cruz, Assistant Attorney General, for appellee.

Before EMAS, FERNANDEZ and BOKOR, JJ.

PER CURIAM.

Affirmed. See State v. Schopp, 653 So. 2d 1016 (Fla. 1995) (holding that harmless error analysis set out in State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986) applies to trial court’s failure to conduct Richardson hearing); Austin v. State, 199 So. 3d 327, 329 n. 5 (Fla. 3d DCA 2016) (noting that “even if the trial court's ruling was erroneous, we find the failure to conduct a Richardson hearing was harmless beyond a reasonable doubt”) (citing Schopp, 653 So. 2d 1016). See also Ryan v. State, 390 So. 3d 86, 87 n.2 (Fla. 3d DCA Dec. 13, 2023).