Opinion
No. 89-1035.
May 22, 1990.
An Appeal from the Circuit Court for Dade County; Allen Kornblum, Judge.
Bennett H. Brummer, Public Defender, and John H. Lipinski, Sp. Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Patricia Ann Ash, Asst. Atty. Gen., for appellee.
Before NESBITT, LEVY and GERSTEN, JJ.
Appellant, Calvin Louis Howard, appeals his convictions for burglary of a structure and resisting an officer with violence. We affirm.
Absent proof of actual reliance by the jury, the standard of fairness applies and the burden remains on appellant to prove the alleged error resulted in an unfair trial. See Harrell v. State, 405 So.2d 480 (Fla. 3d DCA 1981).
The record in this case does not reveal a reasonable probability that any extrinsic material could have affected the verdict. See U.S. v. Vasquez, 597 F.2d 192 (9th Cir. 1979). Accordingly, we affirm.
Affirmed.