Justin Devone Morgan v. State of Florida

This is a direct criminal appeal from Appellant’s judgment and sentence for resisting an officer without violence and possession of less than twenty grams of cannabis. The sole point raised is whether fundamental error occurred when a primary juror carried to the jury room the alternate juror’s notepad just moments before the bailiff retrieved it at the trial court’s request. We conclude that this simple happenstance did not rise to an error of fundamental proportions, but, instead, was harmless error, if any error at all. Accordingly, we affirm.

The facts are not in dispute. After the trial…