From Casetext: Smarter Legal Research

Holloway v. State

District Court of Appeal of Florida, Third District
Apr 30, 1991
578 So. 2d 66 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-623.

April 30, 1991.

An Appeal from the Circuit Court for Dade County; Roy T. Gelber, Judge.

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Monique T. Befeler, Asst. Atty. Gen., for appellee.

Before BARKDULL, JORGENSON and COPE, JJ.


We affirm the defendant's conviction for burglary and several related misdemeanors upon the holding that the trial court's comments did not inhibit the defendant's constitutional right to testify in his own behalf in this nonjury trial. See Bailey v. State, 559 So.2d 604 (Fla. 3d DCA), rev. denied, 574 So.2d 139 (Fla. 1990).

The state concedes that the trial court erred in entering a judgment of conviction on Count 5 of the information having orally acquitted the defendant on that count during the trial proceedings. We accordingly reverse the adjudication of guilt and the sentence entered thereon and remand to the trial court for correction of the judgment.

Affirmed in part; reversed in part; remanded with directions.


Summaries of

Holloway v. State

District Court of Appeal of Florida, Third District
Apr 30, 1991
578 So. 2d 66 (Fla. Dist. Ct. App. 1991)
Case details for

Holloway v. State

Case Details

Full title:PERCY HOLLOWAY, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 30, 1991

Citations

578 So. 2d 66 (Fla. Dist. Ct. App. 1991)