ALFRED W. RICCO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1984-02-08
No. 82-2571
ANSTEAD, C.J., and HURLEY and WALDEN, JJ., concur.
445 So. 2d 627 Florida District Court of Appeal, Fourth District (1984) Caution
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant’s conviction and sentence for manslaughter are affirmed on the authority of Dolan v. State, 85 So. 2d 139 (Fla.1956). In reaching this decision, we have also concluded that the state’s use of the defendant’s grand jury testimony did not constitute fundamental error. Consequently, the various errors assigned to this point cannot be asserted on appeal due to the defendant’s failure to object properly at trial. See Castor v. State, 365 So. 2d 701 (Fla.1978).

ANSTEAD, C.J., and HURLEY and WALDEN, JJ., concur.


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  • Ricco v. State, 474 So. 2d 327 (Fla. 4th DCA 1985)
    …SALMON, MICHAEL H., Associate Judge. Alfred W. Ricco was convicted of the crime of manslaughter and sentenced to a term of imprisonment of twelve years. His conviction and sentence were affirmed by this court. Ricco v. State, 445 So. 2d 627 (Fla. 4th DCA), rev. denied, 451 So. 2d 850 (Fla.1984). Ricco, on April 25, 1984, moved for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850 alleging ineffective assistance of counsel. A hearing was held regarding that mo…
  • Granderson Davis, Jr. v. State, 475 So. 2d 223 (Fla. 1985)
    …PER CURIAM. We have for review Davis v. State, 445 So. 2d 627 (Fla. 1st DCA 1984), which expressly and directly conflicts with prior decisions of this Court. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Granderson Davis, Jr., attempted to purchase a Mercedes-Benz automobile valued at over $23,000 from…
  • Vince Romeo Peoples v. State, 760 So. 2d 1141 (Fla. 5th DCA 2000)
    …s. Section 812.014(2)(c)8. specifically lists the theft of “[a]ny fire extinguisher” as a third degree grand theft. In such a case, the value of the fire extinguisher is not an element of the offense requiring proof by the State. See Davis v. State, 445 So. 2d 627 (Fla. 1st DCA 1984), approved, 475 So. 2d 223 (Fla.1985). In raising a challenge to his sentence, Mr. Peoples argues that the trial court erred in assessing 18 points for moderate victim injury, claiming that the evidence of record only demonstrate…

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