Petion v. State

Gerald Petion seeks review of the decision of the Fourth District Court of Appeal in Petion v. State, 4 So.3d 83 (Fla. 4th DCA 2009), asserting that it expressly and directly conflicts with the decision of the Third District Court of Appeal in J.D. v. State, 553 So.2d 1317 (Fla. 3d DCA 1989), with regard to the correct standard of review for an error in the admission of evidence during a non-jury trial. We exercise our jurisdiction to resolve this conflict, see art. V, § 3(b)(3), Fla. Const., and hold that during a non-jury trial, a judge is presumed to have disregarded inadmissible evidence,…