Haislip v. State, 400 So. 2d 473

UPCHURCH, 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?

DAUKSCH, C.J., and COBB, J., concur.

Case Details

Case Name: Haislip v. State

Court Name: District Court of Appeal of Florida

Date Published: Mar 25, 1981

Citations: 400 So. 2d 473; 79-498

Docket Number: 79-498

Court Abbreviation: Fla. Dist. Ct. App.