Florida District Courts of Appeal, 2007

Gibson v. State

Gibson v. State
Florida District Courts of Appeal · Decided May 25, 2007 · Orfinger, Thompson, Torpy
956 So. 2d 557; 2007 Fla. App. LEXIS 8170; 2007 WL 1514234 (Southern Reporter, Second Series)

Gibson v. State

Opinion of the Court

THOMPSON, J.

AFFIRMED. 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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