Holloway v. State

District Court of Appeal of Florida

Holloway v. State

578 So. 2d 66, 1991 Fla. App. LEXIS 3918, 1991 WL 65957

CourtDistrict Court of Appeal of Florida

DecidedApril 30, 1991

DocketNo. 90-623

StatusPublished

This text of 578 So. 2d 66 (Holloway 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.

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Holloway v. State, 578 So. 2d 66, 1991 Fla. App. LEXIS 3918, 1991 WL 65957 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

We affirm the defendant’s conviction for burglary and several related misdemeanors upon the holding that the trial court’s comments did not inhibit the defendant’s constitutional right to testify in his own behalf in this nonjury trial. See Bailey v. State, 559 So.2d 604 (Fla. 3d DCA), rev. denied, 574 So.2d 139 (Fla.1990).

The state concedes that the trial court erred in entering a judgment of conviction on Count 5 of the information having orally acquitted the defendant on that count during the trial proceedings. We accordingly reverse the adjudication of guilt and the sentence entered thereon and remand to the trial court for correction of the judgment.

Affirmed in part; reversed in part; remanded with directions.

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PER CURIAM.

We affirm the defendant’s conviction for burglary and several related misdemeanors upon the holding that the trial court’s comments did not inhibit the defendant’s constitutional right to testify in his own behalf in this nonjury trial. See Bailey v. State, 559 So.2d 604 (Fla. 3d DCA), rev. denied, 574 So.2d 139 (Fla.1990).

The state concedes that the trial court erred in entering a judgment of conviction on Count 5 of the information having orally acquitted the defendant on that count during the trial proceedings. We accordingly reverse the adjudication of guilt and the sentence entered thereon and remand to the trial court for correction of the judgment.

Affirmed in part; reversed in part; remanded with directions.

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578 So. 2d 66, 1991 Fla. App. LEXIS 3918, 1991 WL 65957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holloway-v-state-fladistctapp-1991.

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