ARTIS J. KELLY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ARTIS J. KELLY, APPELLANT,
STATE OF FLORIDA, APPELLEE
360 So. 2d 77
Florida District Court of Appeal, Fourth District (1978)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed.
DOWNEY, C. J., concurs specially, with opinion in which CROSS J., concurs.
DAUKSCH, J., dissents with opinion.
Concurrence
DOWNEY, Chief Judge,
specially concurring:
A composite drawing of appellant was admitted into evidence at the trial. Appellant also offered in evidence a composite drawing of a co-defendant, but it was rejected. Through inadvertence the rejected composite found its way into the jury room together with the other properly admitted exhibits. Without the first suggestion of any prejudice accruing therefrom, appellant seeks reversal of his conviction because the jury was able to consider a composite of a co-defendant which appellant unsuccessfully attempted to have admitted into evidence. Surely it was error to allow the non-admitted exhibit into the jury room, but harmless within the meaning of Section 59.041, Florida Statutes (1977).
Accordingly, I agree that the judgment appealed from should be affirmed.
Dissent
DAUKSCH, Judge,
dissenting:
I respectfully dissent. The trial judge sent to the jury room a composite drawing of a face which drawing was not in evidence. Whether or not the jury was improperly motivated to convict the Appellant is not for me to say. I cannot know if the Appellant was injured by this error but it is error. Smith v. State, 95 So. 2d 525 (Fla.1957). F.R.Crim.Prac. 3.400(d). State ex rel. Pryor v. Smith, 239 So. 2d 85 (Fla. 1 DCA 1970).
I would reverse for a new trial.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Thewell Eugene Hamilton, 574 So. 2d 124 (Fla. 1991)…d in a room that contained law books and a telephone. At a hearing, the evidence established that jurors never used the law books and that the telephone only was used to inform family members that jurors would be late.6 Id. at 4. In Kelly v. State, 360 So. 2d 77, 77 (Fla. 4th DCA) (mem.), cert. denied, 364 So. 2d 887 (Fla.1978), Judges Downey and Cross7 confronted a composite sketch of a code-fendant mistakenly sent into the jury room after it had been rejected as evidence. The concurring judges held that t…1 / 2
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Modesto Silva Gonzalez and Ramona Tavia v. State, 666 So. 2d 196 (Fla. 3d DCA 1995)…PER CURIAM. Affirmed. See State v. Hamilton, 574 So. 2d 124 (Fla.1991); Kelly v. State, 360 So. 2d 77 (Fla. 4th DCA 1978), cert. denied, 364 So. 2d 887 (Fla.1978); Ivory v. State, 330 So. 2d 853 (Fla. 3d DCA 1976), quashed on other grounds, 351 So. 2d 26 (Fla.1977).…
Authorities Cited
- Smith v. State, 95 So. 2d 525 (Fla. 1957)
- State v. Smith, 239 So. 2d 85 (Fla. 1st DCA 1970)