JAMES RANDOLPH SCOTT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The judgment of conviction is affirmed upon a holding that (1) any impropriety in two isolated comments made by the trial judge during the jury selection process was not preserved for appellate review by a proper and timely objection, motion for mistrial, or request for corrective instruction, Foreman v. State, 47 So. 2d 308 (Fla.1958); Pegues v. State, 361 So. 2d 433 (Fla.1st DCA 1978); Flynn v. State, 351 So. 2d 377 (Fla.4th DCA 1977); McCrea v. State, 210 So. 2d 724 (Fla.3d DCA 1968); see also Mack v. State, 270 So. 2d 382 (Fla.3d DCA 1972), and the comments were not so pernicious as to cause us to recognize them as fundamental error; (2) the refusal of the trial court to give a specified, requested instruction is harmless when the instructions as a whole clearly and adequately enabled the jury to consider the theory of the defense, Creamer v. State, 205 So. 2d 356 (Fla.2d DCA 1967); Darty v. State, 161 So. 2d 864 (Fla.2d DCA 1964).
Affirmed.
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Rollins v. State, 707 So. 2d 823 (Fla. 3d DCA 1998)…la. 4th DCA 1994); Jones v. State, 582 So. 2d 110, 111 (Fla. 3d DCA), appeal dismissed, 592 So. 2d 681 (Fla.1991); Harris v. State, 564 So. 2d 1211, 1212 (Fla. 3d DCA 1990); Griffin v. State, 502 So. 2d 1350, 1352 (Fla. 2d DCA 1987); Scott v. State, 396 So. 2d 271, 271 (Fla. 3d DCA 1981); Williams v. State, 305 So. 2d 45, 46 (Fla. 1st DCA 1974). Rollins next argues that his habitual offender sentence imposed pursuant to section 775.084(l)(a), Florida Statutes (1995) was inappropriate where one of the predica…
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Turner v. State, 423 So. 2d 594 (Fla. 3d DCA 1982)…tion of certain state witnesses, see Ashley v. State, 370 So. 2d 1191 (Fla. 3d DCA 1979); and (3) the jury instructions given by the trial court when taken as a whole adequately enabled the jury to consider the theory of defense, see Scott v. State, 396 So. 2d 271 (Fla. 3d DCA 1981). Affirmed.…
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Wallace v. State, 766 So. 2d 364 (Fla. 3d DCA 2000)…ude that any appellate argument now raised by Wallace as to this transferred intent theory has not been preserved for our appellate review. See Fla. R.Crim. P. 3.390(d). See also Irving v. State, 627 So. 2d 92, 94 (Fla. 3d DCA 1993); Scott v. State, 396 So. 2d 271 (Fla. 3d DCA 1981).…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Darty v. State, 161 So. 2d 864 (Fla. 2d DCA 1964)
- Foreman v. State, 47 So. 2d 308 (Fla. 1950)
- Flynn v. State, 351 So. 2d 377 (Fla. 4th DCA 1977)
- Mack v. State, 270 So. 2d 382 (Fla. 3d DCA 1972)
- Browne v. Monumental Props. OF Fla., Inc., 361 So. 2d 433 (Fla. 4th DCA 1978)
- Pegues v. State, 361 So. 2d 433 (Fla. 1st DCA 1978)
- McCREA v. State, 210 So. 2d 724 (Fla. 3d DCA 1968)
- Creamer v. State, 205 So. 2d 356 (Fla. 2d DCA 1967)