Jones v. State

District Court of Appeal of Florida

Decided March 12, 1985

District Court of Appeal of Florida · decided 1985-03-12

Relies on Morton v. State · 464 So. 2d 1195 - LS v. State · L.S. v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-03-12

How this case has been cited

Cited by 16 later decisions — most recently July 2018

15 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1As it is not fundamental error to fail to instruct on an essential element of an offense where the existence of that element is not in genuine dispute, Morton v. State, 459 So.2d 322 (Fla. 3d DCA 1984), the trial court’s instruction on an undisputed issue, even if erroneous, does not require reversal where there is no suggestion that the jury was misled.

¶2The remaining issue raised by defendant has been decided adversely to him in L.S. v. State, 464 So.2d 1195 (Fla.1985), approving, 446 So.2d 1148 (Fla. 3d DCA 1984).

¶3Affirmed.