Supreme Court of Florida, 1987

State v. Ward

State v. Ward
Supreme Court of Florida · Decided March 5, 1987 · Adkins, Barkett, Ehrlich, McDonald, Overton, Shaw
502 So. 2d 1245; 12 Fla. L. Weekly 127; 1987 Fla. LEXIS 1574 (Southern Reporter, Second Series)

State v. Ward

Opinion of the Court

PER CURIAM.

The Third District Court of Appeal has certified the following question as one of great public importance:

IS A NEW TRIAL REQUIRED WHEN THE TRIAL COURT’S FAILURE TO CONDUCT A RICHARDSON INQUIRY IS, IN THE OPINION OF THE REVIEWING COURT, HARMLESS ERROR?

Ward v. State, 477 So.2d 66, 67 (Fla. 3d DCA 1985). We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution.

We recently answered the identical question in the affirmative in Smith v. State, 500 So.2d 125 (Fla. 1986). Accordingly, we approve the decision of the district court.

It is so ordered.

OVERTON, EHRLICH and BARKETT, JJ., and ADKINS, J. (Retired), concur. McDONALD, C.J., dissents with an opinion, in which SHAW, J., concurs.

Dissenting Opinion

McDONALD, Chief Justice,

dissenting.

For the reasons expressed in my dissent in Smith v. State, 500 So.2d 125 (Fla. 1986), I dissent from the majority opinion and call for the modification of the per se rule of Richardson v. State, 246 So.2d 771 (Fla. 1971). The harmless error standard should be applicable to a trial court’s failure to hold a Richardson hearing.

SHAW, J., concurs.

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