Clark v. State
Florida District Courts of Appeal
Clark v. State, 400 So. 2d 474 (1981)
1981 Fla. App. LEXIS 19243
Cobb, Dauksch, Sharp
Clark v. State
Opinion of the Court
Clark appeals from a judgment and sentence for the offense of robbery involving the use of a firearm. Rejecting appellant’s argument related to the denial of his motion to suppress his confession, we nevertheless must reverse this case because the trial judge declined to instruct the jury regarding the maximum and minimum penalties the appellant could receive. Tascano v. State, 393 So.2d 540 (Fla. 1980).
CAN AN APPELLATE COURT APPLY THE HARMLESS ERROR DOCTRINE, SECTIONS 924.33 AND 59.041, FLORIDA STATUTES (1979), TO THE FAILURE OF A TRIAL COURT TO GIVE THE JURY INSTRUCTION REQUIRED BY FLORIDA RULE OF CRIMINAL PROCEDURE 3.390(a), IF THE APPELLANT’S GUILT IS CLEARLY ESTABLISHED AND THE APPELLATE COURT DETERMINES THE ERROR COULD NOT HAVE AFFECTED THE VERDICT?
REVERSED and REMANDED.
Reference
- Full Case Name
- Richard Todd CLARK v. STATE of Florida
- Cited By
- 1 case
- Status
- Published