ANGELO STRIPLING, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1995-02-15
No. 94-341
Before JORGENSON, COPE and GODERICH, JJ.
664 So. 2d 2 Florida District Court of Appeal, Third District (1995) Negative Treatment
Cited by 23 cases

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Holding

The court held that the defendant's claims regarding voir dire were not preserved for appellate review and that the trial court did not abuse its discretion in excluding certain statements.


Facts & Procedural History

Angelo Stripling was convicted of first-degree murder, armed robbery, and shooting a deadly missile into a vehicle. He appealed, raising issues about …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Angelo Stripling appeals his convictions for first degree murder, armed robbery, and shooting a deadly missile into a vehicle. We affirm.

Defendant claims error in certain trial court rulings during voir dire which defendant contends unduly restricted his voir dire inquiry. We conclude that this claim is not preserved for appellate review. As we view the record, defendant affirmatively accepted the jury upon the selection of the twelfth juror. Defendant did not renew his objection at that time or at any time prior .to the swearing of the jury. See Joiner v. State, 618 So. 2d 174, 176 (Fla.1993); Brown v. State, 613 So. 2d 558, 559 (Fla. 2d DCA 1993); cf. Springer v. State, 513 So. 2d 736, 737 (Fla. 3d DCA 1987) (in analogous circumstances, objection waived when not timely made).

As to the second point on appeal, we find no abuse of discretion in the trial court’s conclusion that the proffered statements were not statements against penal interest. See § 90.804(2) (c), Fla.Stat. (1993); Williamson v. United States, — U.S.—,—, 114 S.Ct. 2431, 2435, 129 L.Ed.2d 476 (1994).

Affirmed.


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Citator

Cited By (12 total)

  • Milstein v. Mut. Sec. Life Ins. Co., 705 So. 2d 639 (Fla. 3d DCA 1998)
    …e of the Neil context. See Karp v. State, 698 So. 2d 577, 578 (Fla. 3d DCA 1997) (denial of motion to strike entire venire panel after potential juror spontaneously made allegedly prejudicial comments; held, issue not preserved); Stripling v. State, 664 So. 2d 2, 3 (Fla. 3d DCA 1995) (trial court rulings that allegedly unduly restricted defendant’s voir dire inquiry; held, issue not preserved); Green v. State, 679 So. 2d 1294, 1294 (Fla. 4th DCA 1996) (time limitations imposed by trial court on voir dire ex…
  • Lavin v. State, 754 So. 2d 784 (Fla. 3d DCA 2000)
    …e of the Neil context. See Karp v. State, 698 So. 2d 577, 578 (Fla. 3d DCA 1997) (denial of motion to strike entire venire panel after potential juror spontaneously made allegedly prejudicial comments; held, issue not preserved); Stripling v. State, 664 So. 2d 2, 3 (Fla. 3d DCA 1995) (trial court rulings that allegedly unduly restricted defendant’s voir dire inquiry; held, issue not preserved); Green v. State, 679 So. 2d 1294, 1294 (Fla. 4th DCA 1996) (time limitations imposed by trial court on voir dire ex…
  • Tonnie Lee Martin v. State, 816 So. 2d 187 (Fla. 5th DCA 2002)
    …74 (Fla.1993) (defendant waived any objection to prosecutor’s use of peremptory strikes against minority jurors where, without reserving earlier objection, defense affirmatively accepted the jury immediately before it was sworn); Stripling v. State, 664 So. 2d 2 (Fla. 3d DCA 1995) (defense claims that trial court unduly restricted voir dire inquiry were not preserved for appellate review where defendant affirmatively accepted the jury and did not renew his objection at any time prior to swearing of the jury…

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