Kinchen v. State

Supreme Court of Florida

Kinchen v. State

531 So. 2d 133, 13 Fla. L. Weekly 553, 1988 Fla. LEXIS 945, 1988 WL 93743

CourtSupreme Court of Florida

DecidedSeptember 8, 1988

DocketNo. 70780

StatusPublished

Cited by1 cases

This text of 531 So. 2d 133 (Kinchen v. State) is published on Counsel Stack Legal Research, covering Supreme Court 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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Kinchen v. State, 531 So. 2d 133, 13 Fla. L. Weekly 553, 1988 Fla. LEXIS 945, 1988 WL 93743 (Fla. 1988).

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Opinion

BARKETT, Justice.

We have for review Kinchen v. State, 508 So.2d 51 (Fla. 4th DCA 1987), which certified the following question of great public importance:

Is it necessary, in evaluating an assertion of harmless error in a criminal appeal, that each appellate judge independently read the complete trial record?

Id. at 51. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

In the companion case of Ciccarelli v. State, 531 So.2d 129 (Fla.1988), we have answered the same question. See Ciccarelli v. State, 508 So.2d 52 (Fla. 4th DCA 1987) (posing same certified question). Accordingly we quash the decision below and remand for reconsideration in light of our decision in Ciccarelli. We confine our review to the issue certified by the district court, and thus do not address any other issues raised by the parties.

It is so ordered.

EHRLICH, C.J., and OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur.

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