Roseme Gibson v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2007 ROSEME GIBSON, Appellant, v. Case No. 5D05-3289 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed May 25, 2007. Appeal from the Circuit Court for Orange County, Jose R. Rodriguez, Judge. James S. Purdy, Public Defender, and Tomislav David Golik, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee. THOMPSON, J. AFFIRMED. See Battle v. Sta te, 911 So. 2d 85, 89 (Fla. 2005) (noting fundamental error is that which reaches down into the validity of the trial itself such that a guilty verdict could not have been obtained without the assistance of the alleged error); McCray v. State, 416 So. 2d 804, 806 (Fla. 1982) (stating "the fact that the defendant might have a better chance of acquittal or a strategic advantage if tried separately does not establish the right to a severance"). ORFINGER and TORPY, JJ., concur. -2-

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