DAMIAN COMESANA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2002-12-11
No. 3D01-1982
Before LEVY, GREEN, and SHEVIN, JJ.
831 So. 2d 819 Florida District Court of Appeal, Third District (2002) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm appellant’s conviction and sentence as we find any claimed error on the challenged evidentiary rulings to be invited and/or harmless. See Czubak v. State, 570 So. 2d 925, 928 (Fla.1990)(under invited error doctrine, party may not make or invite error and then take advantage of error on appeal); Phillips v. State, 739 So. 2d 632, 632 (Fla. 2d DCA 1999)(evidentiary issues were subject to harmless error analysis and not reversible when they did not affect the verdict).


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Cited By

  • State v. Comesana, 904 So. 2d 462 (Fla. 3d DCA 2005)
    …tnesses and Comesana and suggested that a “cover-up” had been perpetrated. Come-sana’s trial counsel did not object to these statements. Comesana was convicted of second degree murder, a conviction which we affirmed on appeal. See Comesana v. State, 831 So. 2d 819 (Fla. 3d DCA 2002). Comesana thereafter filed a 3.850 motion claiming, among other things, that Comesana’s trial lawyer, Robert Rudolph, was ineffective for failing to object to the following comments made by the State during closing argument4: Co…

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