[DOWNLOAD] "John Mills v. State Florida" by Supreme Court of Florida * Book PDF Kindle ePub Free

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eBook details

• Title: John Mills v. State Florida
• Author : Supreme Court of Florida
• Release Date : January 10, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

The state seeks rehearing and clarification of our opinion reversing a guidelines departure sentence and remanding for resentencing within the recommended guidelines range. We affirm the conviction but consider the points raised by the state as warranting further discussion. Although the state does not contest the result reached in the opinion, it maintains that our initial analysis of the merits of the first issue, was incorrect by concluding that the trial court had erred in admitting appellants pretrial statements into evidence for impeachment purposes, but that reversal was not required because the error was only harmless. The state contends that as no error occurred, citing Smith v. State, 424 So.2d 726 (Fla. 1982), cert. denied, 462 U.S. 1145, 103 S.Ct. 3129, 77 L.Ed.2d 1379 (1983), there was no necessity for us to apply the harmless error rule; consequently the opinion requires modification. We adhere to our decision as rendered, but grant the states motion for clarification in order to address the states assertion that we overlooked Smith as controlling precedent.

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