Harper v. State

District Court of Appeal of Florida

Harper v. State

724 So. 2d 606, 1998 Fla. App. LEXIS 15609, 1998 WL 852543

CourtDistrict Court of Appeal of Florida

DecidedDecember 11, 1998

DocketNo. 97-00227

StatusPublished

This text of 724 So. 2d 606 (Harper 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

Harper v. State, 724 So. 2d 606, 1998 Fla. App. LEXIS 15609, 1998 WL 852543 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Robert Harper appeals his convictions for arson and criminal mischief. We affirm the arson conviction because any error in admitting the complained of evidence was rendered harmless by the strength of the properly admitted testimony. See § 624.33, Fla. Stat. (1997); State v. DiGuilio, 491 So.2d 1129 (Fla.1986). However, we note that the trial court granted a partial judgment of acquittal on the criminal mischief count and submitted that charge to the jury as a second-degree misdemeanor. Accordingly, we remand only for correction of the judgment to reflect that' the criminal mischief conviction is a second-degree misdemeanor rather than the felony that is listed.

Affirmed in part; remanded with directions.

PARKER, C.J., and FULMER and QUINCE, JJ., Concur.

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PER CURIAM.

Robert Harper appeals his convictions for arson and criminal mischief. We affirm the arson conviction because any error in admitting the complained of evidence was rendered harmless by the strength of the properly admitted testimony. See § 624.33, Fla. Stat. (1997); State v. DiGuilio, 491 So.2d 1129 (Fla.1986). However, we note that the trial court granted a partial judgment of acquittal on the criminal mischief count and submitted that charge to the jury as a second-degree misdemeanor. Accordingly, we remand only for correction of the judgment to reflect that' the criminal mischief conviction is a second-degree misdemeanor rather than the felony that is listed.

Affirmed in part; remanded with directions.

PARKER, C.J., and FULMER and QUINCE, JJ., Concur.

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Bluebook (online)

724 So. 2d 606, 1998 Fla. App. LEXIS 15609, 1998 WL 852543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-state-fladistctapp-1998.

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