GENEVIEVE HARDWICK, N/K/A GENEVIEVE HARDWICK SMITHART, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Reed v. State, 783 So. 2d 1192 (Fla. 1st DCA 2001)
  …DCA 1996) (en banc). Even alleged errors in instruction that are asserted to mislead the jury concerning an element of the crime must be preserved for appeal. See Auger v. State, 725 So. 2d 1178, 1178-79 (Fla. 2nd DCA 1998); see also Smith v. State, 772 So. 2d 625 (Fla. 4th DCA 2000). But see Hubbard v. State, 751 So. 2d 771, 772 (Fla. 5th DCA 2000). If the challenged instructions define either a nonexistent crime or totally fail to address an element of a crime, the alleged error may be considered to be fund…
• Morin v. State, 790 So. 2d 588 (Fla. 5th DCA 2001)
  …defense. Nevertheless, Morin did not object to this rather senseless instruction when it was [*590] read to the jury, and he now correctly concedes that the error must be fundamental in nature in order for relief to be available. In Smith v. State, 772 So. 2d 625 (Fla. 4th DCA 2000), the appellant urged that the jury instructions given were incomplete and misleading. The appellate court found that, while it would have been preferable for the standard instructions to have been read exactly as they were intend…

Authorities Cited

• Burley Gilliam v. State, 582 So. 2d 610 (Fla. 1991)