Gibson v. State

Full title: Roseme GIBSON, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: May 25, 2007

956 So. 2d 557 (Fla. Dist. Ct. App. 2007)

Opinion

No. 5D05-3289.

May 25, 2007.

Appeal from the Circuit Court for Orange County, Jose R. Rodriguez, Judge.

James S. Purdy, Public Defender, and Tomislav David Golik, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, J.

AFFIRMED. See Battle v. State, 911 So.2d 85, 89 (Fla. 2005) (noting fundamental error is that which reaches down into the validity of the trial itself such that a guilty verdict could not have been obtained without the assistance of the alleged error); McCray v. State, 416 So.2d 804, 806 (Fla. 1982) (stating "the fact that the defendant might have a better chance of acquittal or a strategic advantage if tried separately does not establish the right to a severance").

ORFINGER and TORPY, JJ., concur.