Legal Opinion

Fertilien v. State

District Court of Appeal of Florida

Decided July 2, 2003No. 4D02-2538Published

1Opinion of the CourtStone, J.

We affirm Fertilien’s conviction and sentence. At the conclusion of the jury trial on charges of trafficking in cocaine, resisting arrest without violence, and bribery, it was noticed that the verdict form failed to include the word “guilty” as to count I. Nevertheless, the jury had checked the space that otherwise indicated he was guilty of trafficking in cocaine

When the verdict was being read, the court recognized the error and attempted to correct it by inserting the omitted term “guilty” and re-read the verdict as to count I, indicating that the jury had found Fer-tilien guilty. When…

2Cases cited3 opinions

  1. Cole v. StateSupreme Court of Florida · 1997
  2. Herring v. StateSupreme Court of Florida · 1938
  3. Esskuchen v. StateDistrict Court of Appeal of Florida · 2000

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