JESSIE WILCOX, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Wilcox, who was not a suspect, called the City of Miami Police Department to confess to a robbery. He gave a detailed statement about the offense and showed police the uniform worn in perpetrating the offense, as well as the cash taken. He explained that he was a crack addict and wanted to turn himself in before causing harm to himself or others in supporting the habit.
After a trial on charges of kidnapping, robbery, and burglary, Wilcox was convicted of the latter two offenses and sentenced to concurrent thirty-five year terms, with a fifteen-year mandatory minimum under the habitual violent felony offender statute.
In this appeal he complains of the prosecutor’s derogatory remarks about his attorney in the jury’s presence. The alleged errors are not reviewable because they were not properly preserved, Castor v. State, 365 So. 2d 701 (Fla.1978), and are not fundamental in nature. See Hightower v. State, 592 So. 2d 689 (Fla. 3d DCA 1991).
Affirmed.
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Sherwin James Miller v. State, 636 So. 2d 144 (Fla. 1st DCA 1994)…77; Lee, 534 So. 2d at 1227. The court first should consider whether the violation prevented the aggrieved party from properly preparing for trial, and, if so, the court then should decide the appropriate sanction for the violation. Duarte v. State, 598 So. 2d 270, 271-272 (Fla. 3d DCA 1992) (Reversible error to exclude a defense witness without inquiry as to whether the state was prejudiced by defendant’s failure to list the witness, and without considering whether a lesser remedy than exclusion would suffic…
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Comer v. State, 730 So. 2d 769 (Fla. 1st DCA 1999)…ion, trial court reversibly erred by failing to conduct Richardson hearing to determine whether defendant’s oral statements, the substance of which the State had not disclosed during discovery, were properly admitted into evidence); Duarte v. State, 598 So. 2d 270 (Fla. 3d DCA 1992) (trial court reversibly erred by failing to conduct adequate Richardson inquiry after defense announced its intent to call previously undisclosed witness); Baker v. State, 522 So. 2d 491 (Fla. 1st DCA 1988). “The purpose of a Ric…
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- Castor v. State, 365 So. 2d 701 (Fla. 1978)
- Hightower v. State, 592 So. 2d 689 (Fla. 3d DCA 1991)