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956 So. 2d 557

Gibson v. State

District Court of Appeal of Florida · decided 2007-05-25

Relies on 416 So. 2d 804 - McCray v. State · 911 So. 2d 85 - Battle v. State

Decided 2007-05-25

THOMPSON, J.

¶1AFFIRMED. See Battle v. State, 911 So.2d 85, 89 (Fla.2005) (noting fundamental error is that which reaches down into the validity of the trial itself such that a guilty verdict could not have been obtained without the assistance of the alleged error); McCray v. State, 416 So.2d 804, 806 (Fla.1982) (stating “the fact that the defendant might have a better chance of acquittal or a strategic advantage if tried separately does not establish the right to a severance”).

ORFINGER and TORPY, JJ„ concur.
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