Jones v. State

• Decision Date: 19 August 1998
• Docket Number: No. 97-909,97-909
• Citation: 715 So. 2d 378
• Court: Florida District Court of Appeals
• Parties: 23 Fla. L. Weekly D2020 Herbert JONES, Appellant, v. STATE of Florida, Appellee.

Page 378

715 So.2d 378

23 Fla. L. Weekly D2020

Herbert JONES, Appellant, v.STATE of Florida, Appellee.

No. 97-909.

District Court of Appeal of Florida, First District.

Aug. 19, 1998.

An appeal from the Circuit Court for Duval County; L. Haldane Taylor, Judge.

Nancy A. Daniels, Public Defender; Michael A. Wasserman, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Denise O. Simpson, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Upon a thorough review of the record, we conclude that appellant has not demonstrated that his trial contained prejudicial error, as required by section 924.051(7), Florida Statutes.Goodwin v. State, 23 Fla. L. Weekly D 918(Fla. 4th DCAApril 8, 1998), rehearing deniedD1538, --- So.2d ----, (Fla. 4th DCAJune 24, 1998).Accordingly, we affirm and certify to the Supreme Court of Florida the identical question as was certified by our sistercourt:

IN APPEALS WHICH DO NOT INVOLVE CONSTITUTIONAL ERROR, DOES THE ENACTMENT OF SECTION 924.051(7), FLORIDA STATUTES, ABROGATE THE HARMLESS ERROR ANALYSIS ANNOUNCED IN DIGUILIO V. STATE [State v. DiGuilio], 491 So.2d 1129(Fla.1986)?

Goodwin, 23 Fla. L. Weekly D1538, --- So.2d ----, (June 24, 1998).

MINER, ALLEN and KAHN, JJ., concur.