Pinkney v. State

Full title: Eric Nashon Pinkney, Appellant, v. The State of Florida, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Oct 16, 2024

No. 3D23-1053 (Fla. Dist. Ct. App. Oct. 16, 2024)

Opinion

3D23-1053

10-16-2024

Eric Nashon Pinkney, Appellant, v. The State of Florida, Appellee.

Carlos J. Martinez, Public Defender, and Jennifer Thornton, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and Katryna Santa Cruz, Assistant Attorney General, for appellee.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

An Appeal from the Circuit Court for Miami-Dade County Lower Tribunal No. F19-16843 Miguel M. de la O, Judge.

Carlos J. Martinez, Public Defender, and Jennifer Thornton, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and Katryna Santa Cruz, Assistant Attorney General, for appellee.

Before EMAS, FERNANDEZ and BOKOR, JJ.

PER CURIAM.

Affirmed. See State v. Schopp, 653 So.2d 1016 (Fla. 1995) (holding that harmless error analysis set out in State v. DiGuilio, 491 So.2d 1129 (Fla. 1986) applies to trial court's failure to conduct Richardson hearing); Austin v. State, 199 So.3d 327, 329 n. 5 (Fla. 3d DCA 2016) (noting that "even if the trial court's ruling was erroneous, we find the failure to conduct a Richardson hearing was harmless beyond a reasonable doubt") (citing Schopp, 653 So.2d 1016). See also Ryan v. State, 390 So.3d 86, 87 n.2 (Fla. 3d DCA Dec. 13, 2023).