DURELLE JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DURELLE JOHNSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
828 So. 2d 460
Florida District Court of Appeal, Fourth District (2002)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
We reverse appellant’s conviction for possession of cocaine under Count I, as the state concedes we must, because it violates double jeopardy. We affirm the conviction under Count II for introducing or possessing cocaine on the grounds of a county detention facility because we find no error in the granting of the state’s motion in limine to preclude the defendant from commenting in closing argument on the failure of the state to call certain witnesses who were equally available to the defense and the state. Haliburton v. State, 561 So .2d 248 (Fla.1990).
FARMER, KLEIN and STEVENSON, JJ., concur.
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Caldwell v. State, 920 So. 2d 727 (Fla. 5th DCA 2006)…Any other holding would allow a defendant to intentionally inject error into the trial and then await the outcome with the expectation that if he is found guilty the conviction will be automatically reversed.") (footnote omitted); Fletcher v. State, 828 So. 2d 460 (Fla. 5th DCA 2002); Van Loan v. State, 736 So. 2d 803, 804 (Fla. 2d DCA 1999) ("We note that an exception to this fundamental error rule arises when defense counsel affirmatively agrees to the omission or the alteration of a jury instruction. Befor…
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Beckham v. State, 884 So. 2d 969 (Fla. 1st DCA 2004)…7 (Fla.1991) (holding that trial court fundamentally erred in failing to mention manslaughter defenses of justifiable and excusable homicide, where defendant was charged with second-degree murder and found guilty of manslaughter); Fletcher v. State, 828 So. 2d 460, 461 (Fla. 5th DCA 2002) (“It is well-established that trial courts are required to read the instructions on justifiable and excusable homicide in all murder and manslaughter cases.”); Black, 695 So. 2d at 460. Although the State correctly notes tha…
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Franco v. State, 901 So. 2d 901 (Fla. 4th DCA 2005)…a firearm. PER SE FUNDAMENTAL ERROR? Franco relies on a line of cases which could be read to hold that the failure to read the justifiable and excusable homicide jury instructions in all murder cases is per se fundamental error. Fletcher v. State, 828 So. 2d 460, 461 (Fla. 5th DCA 2002); Richardson v. State, 818 So. 2d 679 (Fla. 3d DCA 2002); Damoulakis v. State, 814 So. 2d 1204 (Fla. 2d DCA 2002); Van Loan v. State, 736 So. 2d 803, 804 (Fla. 2d DCA 1999), rev. denied, 791 So. 2d 1103 (Fla.2001). We read t…
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- Haliburton v. State, 561 So. 2d 248 (Fla. 1990)