WHARTON v. STATE (2021)

District Court of Appeal of Florida, First District.

Jason Trevon WHARTON, Appellant, v. STATE of Florida, Appellee.

No. 1D19-2483

Decided: January 21, 2021

Jessica J. Yeary, Public Defender, Kevin P. Steiger, Assistant Public Defender, and Greg Caracci, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Robert “Charlie” Lee, Assistant Attorney General, Tallahassee, for Appellee.

Jason Trevon Wharton appeals his judgment and sentence for burglary of a dwelling with a battery. Wharton argues that the trial court erred when it denied his motion for a mistrial based on the State's violation of Haliburton v. State, 561 So. 2d 248 (Fla. 1990), as well as when it denied his motion for a new trial based on cumulative fundamental error. With respect to Wharton's Haliburton claim, we conclude that the State's questioning concerning the absence of certain potential alibi witnesses falls within the narrow “special relationship” exception as explained in Jackson v. State, 575 So. 2d 181, 188 (Fla. 1991). We further conclude that, cumulatively, the alleged errors identified by Wharton do not amount to reversible fundamental error.

Affirmed.

Per Curiam.

Rowe, Winokur, and Nordby, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network