Francisco Rodriguez v. State of Florida
Francisco Rodriguez v. State of Florida
Opinion of the Court
We have for review the decision of the Third District Court of Appeal in Rodriguez v. State ,
In State v. DiGuilio ,
The test is not a sufficiency-of-the-evidence, a correct result, a not clearly *1086wrong, a substantial evidence, a more probable than not, a clear and convincing, or even an overwhelming evidence test. Harmless error is not a device for the appellate court to substitute itself for the trier-of-fact by simply weighing the evidence. The focus is on the effect of the error on the trier-of-fact. The question is whether there is a reasonable possibility that the error affected the verdict. The burden to show the error was harmless must remain on the state. If the appellate court cannot say beyond a reasonable doubt that the error did not affect the verdict, then the error is by definition harmful.
In the conflict case, State v. Lee , this Court addressed the following question of great public importance:
DOES THE ERRONEOUS ADMISSION OF EVIDENCE OF COLLATERAL CRIMES REQUIRE REVERSAL OF APPELLANT'S CONVICTION WHERE THE ERROR HAS NOT RESULTED IN A MISCARRIAGE OF JUSTICE BUT THE STATE HAS FAILED TO DEMONSTRATE BEYOND A REASONABLE DOUBT THAT THERE IS NO REASONABLE POSSIBILITY THAT THE ERROR AFFECTED THE JURY VERDICT?
We have since reaffirmed this harmless error standard numerous times. See, e.g. , Ventura v. State ,
In this case the Third District departed from the DiGuilio standard, concluding:
Any error by the trial court in admitting the hearsay statements at issue was, at best, harmless. See § 59.041, Fla. Stat. (2015) ("No judgment shall be set aside or reversed ... on the ground of ... the improper admission or rejection of evidence ... unless in the opinion of the court to which application is made, after an examination of the entire case it shall appear that the error complained of has resulted in a miscarriage of justice.")
Rodriguez ,
It is so ordered.
LEWIS, QUINCE, and LABARGA, JJ., concur.
POLSTON, J., dissents with an opinion, in which CANADY, C.J., and LAWSON, J., concur.
Dissenting Opinion
*1087The Third District's decision in its entirety states the following:
Any error by the trial court in admitting the hearsay statements at issue was, at best, harmless. See § 59.041, Fla. Stat. (2015) ("No judgment shall be set aside or reversed ... on the ground of ... the improper admission or rejection of evidence ... unless in the opinion of the court to which application is made, after an examination of the entire case it shall appear that the error complained of has resulted in a miscarriage of justice.").
Affirmed.
Rodriguez v. State ,
Because there are insufficient facts and analysis in the Third District's decision, I would decline to exercise jurisdiction in this case. Therefore, I respectfully dissent.
CANADY, C.J., and LAWSON, J., concur.
Reference
- Full Case Name
- Francisco RODRIGUEZ, Petitioner, v. STATE of Florida, Respondent.
- Cited By
- 4 cases
- Status
- Published