Gray v. State, 400 So. 2d 468

FRANK D. UPCHURCH, Jr., Judge.

REVERSED 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.

Case Details

Case Name: Gray v. State

Court Name: District Court of Appeal of Florida

Date Published: Mar 18, 1981

Citations: 400 So. 2d 468; 1981 Fla. App. LEXIS 18945; No. 80-353

Docket Number: No. 80-353

Court Abbreviation: Fla. Dist. Ct. App.