MANUEL A. ALVAREZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The judgment of conviction and sentence under review is affirmed. We conclude that any error concerning the admission into evidence at trial of the defendant’s statement to the police: (a) based on a failure of the state to establish an independent corpus delicti was cured by the defendant’s testimony at trial which supplied the missing proof of corpus delicti, Adams v. State, 367 So. 2d 635 (Fla.2d DCA), cert. denied, 376 So. 2d 68 (Fla.1979); Bullard v. State, 151 So. 2d 343 (Fla. 1st DCA 1963), cert. denied, 377 U.S. 992, 84 S.Ct. 1915, 12 L.Ed.2d 1044 (1964); Kozakoff v. State, 104 So. 2d 59 (Fla.2d DCA 1958); Roberts v. State, 154 Fla. 36, 16 So. 2d 435 (1944); see Landsdown v. United States, 348 F. 2d 405 (5th Cir. 1965); and (b) based on a Fourth Amendment violation was not preserved for appellate review as that objection was not raised at any time in the trial court. Koedatich v. State, 263 So. 2d 631 (Fla.3d DCA), cert. dismissed, 268 So. 2d 533 (Fla.1972).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Knight v. State, 402 So. 2d 435 (Fla. 3d DCA 1981)…. The concerns underlying the prophylactic rule precluding a conviction solely on a confession are not the same where, for example, the defendant’s testimony at trial is used to supply the missing proof of corpus delicti, see Alvarez v. State, 403 So. 2d 1005 (Fla. 3d DCA 1981) or where res gestae statements made by the defendant supply the proof of corpus delicti, see State v. Snowden, 345 So. 2d 856 (Fla. 1st DCA 1977). In the latter instances, the statements made by the defendant are not induced by po…
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Gilliam v. State, 587 So. 2d 1186 (Fla. 5th DCA 1991)…d had this been raised and established below and on appeal our decision might be different. State v. McCrery, 429 So. 2d 394 (Fla. 1st DCA), rev. den., 438 So. 2d 834 (Fla.1983); Thomas v. State, 424 So. 2d 193 (Fla. 5th DCA 1983); Alvarez v. State, 403 So. 2d 1005 (Fla. 3d DCA 1981).…
Authorities Cited (11 total)
- Landsdown v. United States, 348 F.2d 405 (5th Cir. 1965)
- Roberts v. State, 154 Fla. 36 (Fla. 1944)
- Adams v. State, 367 So. 2d 635 (Fla. 2d DCA 1979)
- Bullard v. Florida, 377 U.S. 992 (U.S. 1964)
- Marcello v. United States, 377 U.S. 992 (U.S. 1964)
- Bullard v. State, 151 So. 2d 343 (Fla. 1st DCA 1963)
- Kozakoff v. State, 104 So. 2d 59 (Fla. 2d DCA 1958)
- Kelly v. State, 154 Fla. 36 (Fla. 1944)
- Koedatich v. State, 263 So. 2d 631 (Fla. 3d DCA 1972)
- Koedatich v. State, 268 So. 2d 533 (Fla. 1972)