Morales v. State

Appellants, Florencio Villa (Villa), and Myron Morales (Morales), appeal their convictions for burglary, grand theft, and resisting arrest. We affirm Morales’s conviction and reverse Villa’s conviction.

Villa and Morales cite error in the trial court’s instructing the jury on flight. Although the flight instruction was error, Fenelon v. State, 594 So.2d 292 (Fla.1992), we find that the instruction was harmless in light of the overwhelming evidence against appellants. State v. DiGuilio, 491 So.2d 1129 (Fla.1986).

We hold that the trial court reversibly erred in Villa’s case by deviating from…