Eric Nashon Pinkney v. the State of Florida
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Opinion
Third District Court of Appeal State of Florida
Opinion filed October 16, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-1053 Lower Tribunal No. F19-16843 ________________
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).
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