Doe v. State
Doe v. State
405 So. 2d 994; 1981 Fla. App. LEXIS 19962
(Southern Reporter, Second Series)
Cases that cite this one
1 later published case cites this decision.
- State v. Doe (Fla. 1981)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appellant having properly preserved the point on appeal, we reverse and remand for further proceedings pursuant to Tascano v. State, 393 So.2d 540 (Fla. 1980); however, in accordance with this court’s opinion in Studstill v. State, 397 So.2d 753 (Fla. 1st 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?
Decision affirmed, Fla., 406 So.2d 1118.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.