LESTER B. MITCHELL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Carter v. State, 951 So. 2d 939 (Fla. 4th DCA 2007)
  …382, 386 (Fla. 4th DCA 1999) (citing § 90.104(1)(b), Fla. Stat.). A “lack of foundation” objection is not a “specific ground of objection” sufficient to preserve for appellate review an issue regarding the admission of evidence. Id.; Couzo v. State 830 So. 2d 177 (Fla. 4th DCA 2002); Alexander v. State, 778 So. 2d 1017 (Fla. 4th DCA 2001); Filan v. State, 768 So. 2d 1100 (Fla. 4th DCA 2000). In Filan, the defendant was tried for felony driving under the influence (DUI). During the trial, the state moved to…
• Miller v. State, 828 So. 2d 445 (Fla. 4th DCA 2002)
  …amental error. Whether fundamental error has occurred when the “remaining in” language has been included in a burglary instruction turns on the facts of each case. Johnekins v. State, 823 So. 2d 253, 257 (Fla. 3d DCA 2002); see also Couzo v. State, 830 So. 2d 177 (Fla. 4th DCA 2002). In Johnekins, the defendant entered a warehouse by breaking a hole in sheetrock from an adjacent warehouse; when arrested, the “defendant had sheetrock dust on him and a piece of sheetrock in his trouser cuff.” Id. at 256. There…
• Johnson v. State, 858 So. 2d 1274 (Fla. 3d DCA 2003)
  …rror has occurred when the “remaining in” language has been included in a burglary instruction turns on the facts of each case. See Johnekins v. State, 823 So. 2d 253, 257 (Fla. 3d DCA 2002), review denied, 845 So. 2d 890 (Fla.2003); Couzo v. State, 830 So. 2d 177, 180 (Fla. 4th DCA 2002); Miller v. State, 828 So. 2d 445, 447 (Fla. 4th DCA 2002). The State’s theory of prosecution in this case was that Johnson broke into the victim’s home with the intent to comr mit crimes. The State did not prosecute this cas…