MIGUEL SALGADOOLIVA
v.
STATE OF FLORIDA
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An error is fundamental and justifies reversal without timely objection only if it reaches the validity of the trial itself such that a guilty verdict could not have been obtained without the error.
“[I]n order to be of such fundamental nature as to justify a reversal in the absence of timely objection the error must reach down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error.”
Standard for fundamental error justifying reversal without timely objection
Miguel Salgadooliva was convicted at trial. The record indicates alleged errors occurred during the proceedings.…
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PER CURIAM. Affirmed. See Brown v. State, 124 So. 2d 481, 484 (Fla. 1960) (“[I]n order to be of such fundamental nature as to justify a reversal in the absence of timely objection the error must reach down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error."); see also Smith v. State, 423 So. 3d 488, 490 (Fla. 3d DCA 2025); Warren v. State, 307 So. 3d 871, 872 (Fla. 3d DCA 2020).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ike Brown v. State, 124 So. 2d 481 (Fla. 1960)
- Warren v. State, 307 So. 3d 871 (Fla. 3d DCA 2020)