Kinchen v. State, 81-2133

• Decision Date: 10 June 1987
• Docket Number: No. 81-2133,81-2133
• Citation: 12 Fla. L. Weekly 1453,508 So.2d 51
• Parties: 12 Fla. L. Weekly 1453 Randy Eugene KINCHEN, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 51

508 So.2d 51

12 Fla. L. Weekly 1453

Randy Eugene KINCHEN, Appellant, v. STATE of Florida, Appellee.

No. 81-2133.

District Court of Appeal of Florida,

Fourth District.

June 10, 1987.

Appeal from the Circuit Court for Broward County; Arthur J. Franza, judge.

Richard L. Jorandby, Public Defender, and Richard B. Greene, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Lee Rosenthal, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed. See State v. Marshall, 476 So.2d 150 (Fla.1985); Lusk v. State, 446 So.2d 1038 (Fla.1984); and McCray v. State, 416 So.2d 804 (Fla.1982). As we recently did in Ciccarelli v. State, 508 So.2d 52 (Fla. 4th DCA 1987), we certify the following as a question of great public importance:

IS IT NECESSARY, IN EVALUATING AN ASSERTION OF HARMLESS ERROR IN A CRIMINAL APPEAL, THAT EACH APPELLATE JUDGE INDEPENDENTLY READ THE COMPLETE TRIAL RECORD?

HERSEY, C.J., concurs in result only.

ANSTEAD and STONE, JJ., concur.