OTIS MCCALISTER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1996-11-07
No. 87238
KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
682 So. 2d 556 Florida Supreme Court (1996) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We have for review McCalister v. State, 664 So. 2d 1149 (Fla. 3d DCA 1995), which expressly and directly conflicts with the opinion in Montague v. State, 656 So. 2d 508 (Fla. 2d DCA 1995). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We recently quashed the decision in Montague and held that a contemporaneous objection is necessary to preserve a Karchesky error for appellate review. State v. Montague, 682 So. 2d 1085 (Fla.1996). Therefore, we approve the decision below.

It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.


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Citator

Cited By

  • Cary Brantley v. State, 708 So. 2d 598 (Fla. 3d DCA 1997)
    …in the appellant’s guidelines scoresheet and sentence are not readily ascertainable from the face of the record and are therefore not cognizable in this Rule 3.800(a) proceeding,1 State v. Montague, 682 So. 2d 1085 (Fla.1996); McCalister v. State, 682 So. 2d 556 (Fla.1996), approving McCalister v. State, 664 So. 2d 1149 (Fla. 3d DCA 1995); State v. Callaway, 658 So. 2d 983 (Fla.1995); Holland v. State, 672 So. 2d 566 (Fla. 5th DCA 1996), review denied, 678 So. 2d 338 (Fla.1996), the order below denying reli…
  • McCalister v. State, 909 So. 2d 961 (Fla. 3d DCA 2005)
    …PER CURIAM. Affirmed. McCalister v. State, 682 So. 2d 556 (Fla.1996)(approving McCalister v. State, 664 So. 2d 1149 (Fla. 3d DCA 1995)).…

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