DAN TURNER, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1982-12-21
No. 78-116
Before HENDRY, DANIEL S. PEARSON and JORGENSON, JJ.
423 So. 2d 594 Florida District Court of Appeal, Third District (1982) Caution
Cited by 18 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The judgment of conviction is affirmed upon a holding that (1) the trial court properly denied the motion to suppress based on the totality of the circumstances, see Leon v. State, 410 So. 2d 201 (Fla. 3d DCA), petition for review denied, 417 So. 2d 329 (Fla.1982); Collier v. State, 353 So. 2d 1219 (Fla. 3d DCA 1977); see also Michigan v. Moseley, 423 U.S. 96, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975); (2) the trial court did not unduly restrict cross-examination 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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  • Quinn v. State, 662 So. 2d 947 (Fla. 5th DCA 1995)
    …individuals. Fla.Admin.Code R. 14-78.002(1). . Fla.Admin.Code R. 14-78.005(3)(e). . Thomas v. State, 494 So. 2d 240 (Fla. 4th DCA 1986), rev. denied, 506 So. 2d 1043 (Fla.1987); Ortega v. State, 438 So. 2d 934 (Fla. 3d DCA 1983); Turner v. State, 423 So. 2d 594 (Fla. 3d DCA 1982). . Florida Administrative Code Rule 14-78.005 provides: (3) A firm seeking certification as a DBE shall meet the following standards: (a) The firm must be a small business concern as defined by Section 3 of the Small Business A…
  • Parker v. State, 495 So. 2d 1204 (Fla. 3d DCA 1986)
    …ed on the circumstances of this case, as the substantial rights of the defendant were in no way affected. See Hysler v. State, 132 Fla. 209, 232-33, 181 So. 354, 363-64 (1938), aff'd, 315 U.S. 411, 62 S.Ct. 688, 86 L.Ed. 932 (1941); Turner v. State, 423 So. 2d 594 (Fla. 3d DCA 1982); Diez v. State, 359 So. 2d 55, 56 (Fla. 3d DCA 1978); Waters v. State, 298 So. 2d 208, 209 (Fla. 2d DCA 1974); Mathews v. State, 221 So. 2d 431, 432 (Fla. 2d DCA 1969); §§ 59.041, 924.33, Fla.Stat. (1985). I see no merit in the…
  • Clear Channel Commc'ns, Inc. v. City OF N. BAY Vill., 911 So. 2d 188 (Fla. 3d DCA 2005)
    …e v. Barber, 301 So. 2d 7, 9 (Fla.1974)(holding that “[a]n appellate court must confine itself to a review of only those questions which were before the trial court and upon which a ruling adverse to the appealing party was made”); Leonard v. State, 423 So. 2d 594 (Fla. 3d DCA 1982); Moore v. State, 418 So. 2d 435 (Fla. 3d DCA 1982); Snead v. State, 415 So. 2d 887 (Fla. 5th DCA 1982). The purpose for requiring a contemporaneous objection is to put the trial judge on notice of a possible error, to afford an op…

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