Gray v. State

District Court of Appeal of Florida

Decided March 18, 1981

District Court of Appeal of Florida · decided 1981-03-18

Cited by 8 later decisions — most recently May 1985

8 state decisions

Key passage — most relied on by later courts

“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”

quoted by 1 later decision, including 397 So. 2d 753 - Studstill v. State

Relies on 400 So. 2d 466 - Gee v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-03-18

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FRANK D. UPCHURCH, Jr., Judge.

¶1REVERSED 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.