MAURICE BRYANT, A/K/A RONALD SAPP, A/K/A MAURICE LONG, APPELLANT,
v.
THE STATE, OF FLORIDA, APPELLEE
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PER CURIAM.
Maurice Bryant appeals his conviction for robbery. We conclude that under the circumstances of the present case, the arresting officer should not have been permitted to testify, over defendant’s objection, to the reason he initiated surveillance of the defendant. See State v. Baird, 572 So. 2d 904, 907-08 (Fla.1990). The admission of the evidence was, however, harmless beyond a reasonable doubt. State v. DiGuilio, 491 So. 2d 1129 (Fla.1986).
Over defense objection the trial court gave the jury a flight instruction. The supreme court recently held that “the better policy ... where evidence of flight has been properly admitted is to reserve comment to counsel....” Fenelon v. State, 594 So. 2d 292, 295 (Fla.1992). While, in this case, the objection to the flight instruction was sufficient and we must apply Fenelon retroactively, see Smith v. State, 598 So. 2d 1063 (Fla.1992), we nonetheless find the error harmless. See Fenelon, 594 So. 2d at 293.
Affirmed.
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Keys v. State, 606 So. 2d 669 (Fla. 1st DCA 1992)…n the evidence.” Fenelon v. State, 594 So. 2d 292 (Fla.1992). Our decision in this case follows that decision as mandated in Smith v. State, 598 So. 2d 1063 (Fla.1992). See also Viniegra v. State, 604 So. 2d 863 (Fla. 3d DCA 1992); Bryant v. State, 602 So. 2d 966 (Fla. 3d DCA 1992). Thus, on this stated ground alone, we hold that the giving of the flight instruction requires remand for a new trial. The two remaining points, appellant having conceded one of them, are affirmed without discussion. AFFIRMED in…1 / 2
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Lewis v. State, 623 So. 2d 1205 (Fla. 4th DCA 1993)…ricts have held that Fenelon is retroactive on account of Smith. See Keys v. State, 606 So. 2d 669 (Fla. 1st DCA 1992) (retrospective application of Fenelon is required by Smith); Dupree v. State, 615 So. 2d 713 (Fla. 1st DCA 1993); Bryant v. State, 602 So. 2d 966 (Fla. 3d DCA 1992) (Fenelon applies retroactively because of Smith); Viniegra v. State, 604 So. 2d 863 (Fla. 3d DCA 1992). The state further argues that even if Fenelon does apply, the giving of the jury instruction is subject to the harmless error…
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Emilio Sanchez-Basulto v. State, 601 So. 2d 1263 (Fla. 3d DCA 1992)…s several issues on appeal; none merits reversal. We affirm. Addressing the issues, we conclude, first, that the trial court erred in giving a flight instruction- over defense objection. Fenelon v. State, 594 So. 2d 292 (Fla.1992); Bryant v. State, 602 So. 2d 966 (Fla. 3d DCA 1992). However, reversal is not man [*1264] dated. Upon consideration of the evidence supporting defendant’s guilt, which included uncontroverted eyewitness testimony, we conclude that the state has established beyond a reasonable doubt…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Rhoda Smith v. State, 598 So. 2d 1063 (Fla. 1992)
- State v. Baird, 572 So. 2d 904 (Fla. 1990)
- King Anthony Green v. State, 594 So. 2d 292 (Fla. 1992)