Johnson v. State

COPE, J.

(dissenting).

We should order a new trial. Defense counsel timely and correctly objected to the trial court’s instruction. Neither the State nor the majority opinion has cited any authority for the proposition that this type of error is subject to harmless error analysis. Assuming arguendo that such an analysis could be applied, it is inappropriate here, where the jury had enough reasonable doubt about the State’s case to acquit the defendant on a number of charges.