CLIFTON DEON SHEPPARD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Clifton Deon Sheppard appeals from final judgments of conviction and entry of sentences. We affirm.
Although we deplore the prosecutorial misconduct evident in this case,1 the defendant elected to make no contemporaneous objections. The unobjected-to comments complained of do not rise to the level of fundamental error; they did not destroy the essential fairness of the trial. See Rogers v. State, 783 So. 2d 980, 1002 (Fla.2001); Kilgore v. State, 688 So. 2d 895, 898 (Fla.1996); Scoggins v. State, 691 So. 2d 1185, 1189 (Fla. 4th DCA 1997)(“Funda-mental error has been defined as one that goes to the essence of a fair and impartial trial, error so fundamentally unfair as to amount to a denial of due process.”).
Affirmed.
. See Guerra v. State, 813 So. 2d 112 (Fla. 3d DCA 2002); Rodriguez v. State, 794 So. 2d 711 (Fla. 3d DCA 2001)(Ramirez, J., concurring).
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Lucky v. State, 25 So. 3d 691 (Fla. 4th DCA 2010)…l condition of the television when stolen or the manner in which it was used. This is not a case where because of the nature of the stolen property, “reasonable persons could not doubt that its value exceeded the statutory threshold.” Kitt v. State, 834 So. 2d 390, 392 (Fla. 2d DCA 2003) (Casanueva, J., concurring); see Jackson v. State, 413 So. 2d 112 (Fla. 2d DCA 1982) (holding that jury could properly conclude that a 37-foot 1980 Hunter sailboat less than one year old had a value greater than $100). Becau…
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Soderman v. State, 844 So. 2d 823 (Fla. 5th DCA 2003)…mpetent to testify as to the market value of the [*824] stolen items, mere reference to the cost of these items is not sufficient to carry the state’s burden to support a grand theft charge. Negron v. State, 806 So. 2d 104 (Fla.1974); Kitt v. State, 834 So. 2d 390, 391 (Fla. 2d DCA 2003). The judgment and sentence on the grand theft charge, therefore, are reversed. This cause is remanded to the circuit court so that judgment may be entered for petit theft and sentence imposed accordingly. Because the reducti…
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Sheppard v. State, 62 So. 3d 14 (Fla. 3d DCA 2011)…gins v. State, 691 So. 2d 1185, 1189 (Fla. 4th DCA 1997)(“Fundamental error has been defined as one that goes to the essence of a fair and impartial trial, error so fundamentally unfair as to amount to a denial of due process.”). Sheppard v. State, 834 So. 2d 390 (Fla. 3d DCA 2003) (footnotes omitted). Sheppard thereafter filed a timely motion pursuant to rule 3.850, where he alleged that his counsel had rendered ineffective assistance of counsel due to his failure to object to prosecutorial misconduct and…
Authorities Cited
- Kilgore v. State, 688 So. 2d 895 (Fla. 1996)
- Rogers v. State, 783 So. 2d 980 (Fla. 2001)
- Scoggins v. State, 691 So. 2d 1185 (Fla. 4th DCA 1997)
- Rodriguez v. State, 794 So. 2d 711 (Fla. 3d DCA 2001)
- Guerra v. State, 813 So. 2d 112 (Fla. 3d DCA 2002)
- Harley Amanquiton v. Jonny Peterson, 813 So. 2d 112 (Fla. 4th DCA 2002)