GRANTHAM v. STATE (2021)

District Court of Appeal of Florida, First District.

Donald Mark GRANTHAM, Appellant, v. STATE of Florida, Appellee.

No. 1D20-803

Decided: January 29, 2021

Jessica J. Yeary, Public Defender, and Joel Arnold and Kasey Helms Lacey, Assistant Public Defenders, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Jovona I. Parker, Assistant Attorney General, Tallahassee, for Appellee.

Affirmed. See Gore v. State, 846 So. 2d 461, 471-72 (Fla. 2003) (holding that appellate counsel was not ineffective for failing to raise the claim that the jury pool might have seen defendant in shackles just prior to voir dire where there was nothing in the record to indicate that trial court erred in its attempt to resolve the issue by offering defense counsel an opportunity to voir dire the jury or to support a conclusion that there was any prejudice to defendant that rose to the level of fundamental error); Koelemij v. State, 285 So. 3d 376, 380 (Fla. 1st DCA 2019) (holding that the trial court's admonition that defendant sit down when defense counsel had him stand up during the victim's identification of defendant did not prejudice defendant so as to entitle him to a new trial where defense counsel conceded that he did not believe the reprimand had affected the outcome of the trial).

Per Curiam.

Roberts, Osterhaus, and Jay, JJ., concur.

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