07-2979 WILLIE HARMON v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 07-2979

Case Date: 07/31/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA WILLIE HARMON, Appellant, v. STATE OF FLORIDA, Appellee. / NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-2979

Opinion filed July 31, 2008. An appeal from the Circuit Court for Duval County. L.P. Haddock, Judge. Nancy Daniels, Public Defender, and Pamela D. Presnell, Assistant Public Defender, Office of the Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and C. Bowen Robinson, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM. AFFIRMED. PADOVANO, and POLSTON, JJ., concur. BROWNING, C.J., concurs with separate opinion.

BROWNING, C.J., concurring. I write to make it clear that I concur only because the trial court's errors were not preserved*. The trial court erred by impermissibly limiting Appellant's voir dire examination. See Jones v. State, 378 So. 2d 797, 798 (Fla. 1st DCA 1979); Vining v. State, 637 So. 2d 921, 926 (Fla. 1994). And the trial court erred by not permitting Appellant to testify about his intent at the time of the charged offense. See Smith v. State, 357 So. 2d 482 (Fla. 3d DCA 1978) and Crutchfield v. State, 589 So. 2d 1028 (Fla. 4th DCA 1991). However, these errors were not preserved by Appellant presenting the issues to the trial court for its consideration. Thus, I concur.

These errors are conceded in Appellee's brief but affirmance is sought on preservation and harmless error grounds. 2

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