5D10-316 Thomas Harris v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D10-316

Case Date: 07/04/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011

THOMAS J. HARRIS, JR., II, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 8, 2011 Appeal from the Circuit Court for Orange County, Marc L. Lubet, Judge. Paul S. Horning and Tanya M. Dugree of Tanya M. Dugree, P.A., Tampa, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Thomas J. Harris, Jr., II, appeals his judgment and sentences for first degree murder and attempted robbery with a firearm, raising five issues. We find no reversible error and affirm. We do agree that the testimony of Deshay Jackson concerning the reason he refused to testify at the first trial should not have been admitted, but allowing the jury to hear the question and Deshay Jackson's answer, as limited by the trial court, was harmless. See State v. DiGuilio, 491 So. 2d 1129, 1139 (Fla. 1986). AFFIRMED. GRIFFIN, SAWAYA and COHEN, JJ., concur. Case No. 5D10-316

Download 5D10-316 Thomas Harris v. State.pdf