Harmon v. State, No. 1D07-2979.

• Decision Date: 31 July 2008
• Docket Number: No. 1D07-2979.
• Citation: 987 So.2d 241
• Parties: Willie HARMON, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

987 So.2d 241

Willie HARMON, Appellant, v. STATE of Florida, Appellee.

No. 1D07-2979.

District Court of Appeal of Florida, First District.

July 31, 2008.

An appeal from the Circuit Court for Duval County. L.P. Haddock, Judge.

Nancy Daniels, Public Defender, and Pamela D. Presnell, Assistant Public Defender, Office of the Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and C. Bowen Robinson, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

PADOVANO, and POLSTON, JJ., concur.

BROWNING, C.J., concurs with separate opinion.

BROWNING, C.J., concurring.

I write to make it clear that I concur only because the trial court's errors were not preserved^*. The trial court erred by impermissibly limiting Appellant's voir dire examination. See Jones v. State, 378 So.2d 797, 798 (Fla. 1st DCA 1979); Vining v. State, 637 So.2d 921, 926 (Fla.1994). And the trial court erred by not permitting Appellant to testify about his intent at the time of the charged offense. See Smith v. State, 357 So.2d 482 (Fla. 3d DCA 1978) and Crutchfield v. State, 589 So.2d 1028 (Fla. 4th DCA 1991). However, these errors were not preserved by Appellant presenting the issues to the trial court for its consideration. Thus, I concur.

* These errors are conceded in Appellee's brief but affirmance is sought on preservation and harmless error grounds.