MICHAEL D. DREW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2003-12-24
No. 1D02-3919
VAN NORTWICK, PADOVANO and HAWKES, JJ., concur.
861 So. 2d 110 Florida District Court of Appeal, First District (2003) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. Ridley v. State, 407 So. 2d 1000 (Fla. 5th DCA 1981); Alexander v. State, 470 So. 2d 856 (Fla. 1st DCA 1985); Schummer v. State, 657 So. 2d 3 (Fla. 1st DCA 1995); Blair v. State, 667 So. 2d 834 (Fla. 4th DCA 1996), approved, 698 So. 2d 1210 (Fla.1997); Bishop v. State, 718 So. 2d 890 (Fla. 2d DCA 1998).

VAN NORTWICK, PADOVANO and HAWKES, JJ., concur.


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  • MacKey v. State, 55 So. 3d 606 (Fla. 4th DCA 2011)
    …(“Fundamental error is that which ‘reaches down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error.’ ”) (citation omitted). But see Stewart v. State, 861 So. 2d 110, 111 (Fla. 3d DCA 2003) (defendant’s claim that the state knowingly offered false testimony at trial in violation of Giglio “was never raised in the trial court and is not, in our view, fundamental error”). Thus, we are compelled to determine wheth…
  • Blackmon v. State, 58 So. 3d 343 (Fla. 1st DCA 2011)
    …of the same scheme or transaction was to vacate the conviction for the lesser offense. This court followed Ridley in Alexander v. State, 470 So. 2d 856 (Fla. 1st DCA 1985), and we have continued to adhere to that decision. See, e.g., Drew v. State, 861 So. 2d 110 (Fla. 1st DCA 2003); Day v. State, 793 So. 2d 68 (Fla. 1st DCA 2001); Golden v. State, 688 So. 2d 419 (Fla. 1st DCA 1997); Schummer v. State, 657 So. 2d 3 (Fla. 1st DCA 1995); Gray v. State, 611 So. 2d 100 (Fla. 1st DCA 1992); Day v. State, 531 So.…

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