Francisco Rodriguez v. State of Florida

We have for review the decision of the Third District Court of Appeal in Rodriguez v. State , 215 So.3d 194 (Fla. 3d DCA 2017), which expressly and directly conflicts with our decision in State v. Lee , 531 So.2d 133 (Fla. 1988), on the harmless error standard of review. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

In State v. DiGuilio , 491 So.2d 1129 (Fla. 1986), this Court set out the test to be applied in determining whether an error is harmless:

The test is not a sufficiency-of-the-evidence, a correct result, a not clearly *1086wrong, a substantial evidence, a more probable than…