Kinchen v. State

• Decision Date: 08 September 1988
• Docket Number: No. 70780,70780
• Citation: 13 Fla. L. Weekly 553,531 So.2d 133
• Parties: 13 Fla. L. Weekly 553 Randy Eugene KINCHEN, Petitioner, v. STATE of Florida, Respondent.
• Court: Florida Supreme Court

Page 133

531 So.2d 133

13 Fla. L. Weekly 553

Randy Eugene KINCHEN, Petitioner, v. STATE of Florida, Respondent.

No. 70780.

Supreme Court of Florida.

Sept. 8, 1988.

Rehearing Denied Oct. 17, 1988.

Application for Review of the Decision of the District Court of Appeal--Certified Great Public Importance.

Richard L. Jorandby, Public Defender and Richard B. Greene, Asst. Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen. and Lee Rosenthal, Asst. Atty. Gen., West Palm Beach, for respondent.

BARKETT, Justice.

We have for review Kinchen v. State, 508 So.2d 51 (Fla. 4th DCA 1987), which certified the following 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?

Id. at 51. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

In the companion case of Ciccarelli v. State, 531 So.2d 129 (Fla.1988), we have answered the same question. See Ciccarelli v. State, 508 So.2d 52 (Fla. 4th DCA 1987) (posing same certified question). Accordingly we quash the decision below and remand for reconsideration in light of our decision in Ciccarelli. We confine our review to the issue certified by the district court, and thus do not address any other issues raised by the parties.

It is so ordered.

EHRLICH, C.J., and OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur.