Gray v. State

400 So. 2d 468, 1981 Fla. App. LEXIS 18945
CourtDistrict Court of Appeal of Florida
DecidedMarch 18, 1981
DocketNo. 80-353
StatusPublished
Cited by4 cases

This text of 400 So. 2d 468 (Gray 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
Gray v. State, 400 So. 2d 468, 1981 Fla. App. LEXIS 18945 (Fla. Ct. App. 1981).

Opinion

FRANK D. UPCHURCH, Jr., Judge.

REVERSED and REMANDED but, as in Gee v. State, 400 So.2d 466 (Fla. 5th DCA 1981), we certify the following question to the Florida Supreme Court:

CAN AN APPELLATE COURT APPLY THE HARMLESS ERROR DOCTRINE, SECTION 924.33 and SECTION 59.041, FLORIDA STATUTES (1979), TO THE FAILURE OF A TRIAL COURT TO GIVE THE JURY INSTRUCTION REQUIRED BY RULE 3.390(a), FLORIDA RULES OF CRIMINAL PROCEDURE, IF THE APPELLANT’S GUILT IS CLEARLY ESTABLISHED AND THE APPELLATE COURT DETERMINES THE ERROR COULD NOT HAVE AFFECTED THE VERDICT?
ORFINGER and COBB, JJ., concur.

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Related

Williams v. State
399 So. 2d 999 (District Court of Appeal of Florida, 1981)
Studstill v. State
397 So. 2d 753 (District Court of Appeal of Florida, 1981)
State v. Breedlove
400 So. 2d 468 (District Court of Appeal of Florida, 1981)

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Bluebook (online)
400 So. 2d 468, 1981 Fla. App. LEXIS 18945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-state-fladistctapp-1981.