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State v. Haynes

District Court of Appeal of Florida, First District
Dec 30, 1992
610 So. 2d 114 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-1859.

December 30, 1992.

An appeal from the Circuit Court for Leon County; F.E. Steinmeyer, Judge.

Robert A. Butterworth, Atty. Gen., Charlie McCoy, Asst. Atty. Gen., Tallahassee, for appellant/cross-appellee.

Nancy A. Daniels, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellee/cross-appellant.


The state purports to bring this appeal from the imposition of an habitual felon sentence on the basis that the sentence is illegal. We disagree and grant Haynes' motion to dismiss the appeal. While the state is entitled to appeal or cross appeal an illegal sentence pursuant to section 924.07(1)(e), Florida Statutes, the instant sentence is not illegal. Cf. State v. Hohl, 431 So.2d 707 (Fla. 2d DCA 1983). Accordingly, the state's appeal is hereby DISMISSED.

Turning to Haynes' cross appeal, we hold that although it was error for the trial court to give the jury an instruction on flight, the error was harmless beyond any reasonable doubt. Accordingly, Haynes' judgment of conviction and sentence is AFFIRMED.

See Fenelon v. State, 594 So.2d 292 (Fla. 1992); Keys v. State, 606 So.2d 669 (Fla. 1st DCA 1992).

ERVIN and ZEHMER, JJ., concur.


Summaries of

State v. Haynes

District Court of Appeal of Florida, First District
Dec 30, 1992
610 So. 2d 114 (Fla. Dist. Ct. App. 1992)
Case details for

State v. Haynes

Case Details

Full title:STATE OF FLORIDA, APPELLANT/CROSS-APPELLEE, v. DERRICK DEVON HAYNES…

Court:District Court of Appeal of Florida, First District

Date published: Dec 30, 1992

Citations

610 So. 2d 114 (Fla. Dist. Ct. App. 1992)