Gray v. State

400 So. 2d 468, 1981 Fla. App. LEXIS 18945

District Court of Appeal of Florida·Decided March 18, 1981·No. No. 80-353·Published·Cited by 4 cases

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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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.

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

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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)

Opinion

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