ISRAEL CAMELLON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed convictions for first-degree murder and attempted second-degree murder, rejecting challenges to voir dire and cross-examination limitations, but remanded for correction of the sentencing order to reflect the proper statutory violation.
The court affirmed the appellant's convictions for first-degree murder with a firearm and attempted second-degree murder with a firearm, finding no preserved error in voir dire and any error in limiting cross-examination harmless.
[1] Failure to renew objections to voir dire before jury is sworn constitutes failure to preserve appellate challenge to jury selection.
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Join FLexlaw to unlock all legal intelligenceIsrael Camellon was convicted of first-degree murder with a firearm and attempted second-degree murder with a firearm. During trial, the court refused…
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PER CURIAM.
As we conclude that the appellant has failed to preserve his appellate challenge to the voir dire proceeding by failing to renew any objections prior to the jury being sworn, see Mitchell v. State, 620 So. 2d 1008, 1009 (Fla.1993); Joiner v. State 618 So. 2d 174, 176 (Fla.1993), and further that any error regarding the trial court’s refusal to permit the appellant from reopening his cross-examination of a state witness to elicit testimony regarding that witness’ pending misdemeanor charge was truly harmless given the other overwhelming evidence of the appellant’s guilt, see Thompson v. State, 553 So. 2d 153, 155 (Fla.1989); Waterhouse v. State, 522 So. 2d 341, 343 (Fla.1988); see also State v. DiGuilio, 491 So. 2d 1129, 1135 (Fla.1986), we affirm the appellant’s convictions and sentences for first degree murder with a firearm and attempted second degree murder with a firearm.
However, as the state correctly concedes, this cause must be remanded with directions that the sentencing order be corrected to reflect that appellant was convicted under count II of the indictment for violation of sections 777.04(1) and 775.087, Florida Statutes (1995) rather than section 782.04(2), Florida Statutes (1995).
Affirmed and remanded with instructions in part.
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Irizarry v. State, 905 So. 2d 160 (Fla. 3d DCA 2005)…an abuse of the trial court’s discretion to deny the introduction of such evidence.”) (emphasis added). Further, given the overwhelming evidence of guilt, error, if any, was harmless. State v. DiGuilio, 491 So. 2d 1129 (Fla.1986); Camellon v. State, 741 So. 2d 1179 (Fla. 3d DCA 1999); Benson v. State, 526 So. 2d 948, 958 (Fla. 2d DCA), review denied, 536 So. 2d 243 (Fla.1988), and cert. denied, 489 U.S. 1069, 109 S.Ct. 1349, 103 L.Ed.2d 817 (1989). The defendant also argues that the trial court erred by denyi…
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Judge Brandon v. State, 768 So. 2d 1189 (Fla. 3d DCA 2000)…ant failed to either renew his objection prior to the jury being sworn or accept the jury subject to his earlier objection.2 See Mitchell v. State, 620 So. 2d 1008, 1009 (Fla.1993); Joiner v. State, 618 So. 2d 174, 176 (Fla.1993); Camellon v. State, 741 So. 2d 1179, 1180 (Fla. 3d DCA 1999). The appellant next asserts that the denial of his motion for judgment of acquittal, as to the count for leaving the scene of an accident involving injury, was error where there was no evidence that he had actual knowledge…
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Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Joiner v. State, 618 So. 2d 174 (Fla. 1993)
- Mitchell v. State, 620 So. 2d 1008 (Fla. 1993)
- Waterhouse v. State, 522 So. 2d 341 (Fla. 1988)
- Thompson v. State, 553 So. 2d 153 (Fla. 1989)