MICHAEL CAJUSTE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Michael Cajuste appeals his convictions for first degree murder, attempted murder, and attempted armed robbery.
We conclude that the trial court’s rulings on voir dire questions were within the court’s discretion, as was the court’s refusal to grant additional peremptory challenges. See Hooper v. State, 476 So. 2d 1253, 1256 (Fla.1985); Parker v. State, 456 So. 2d 436, 442 (Fla.1984).
We conclude that there was no impermissible shifting of the burden of proof. See Caballero v. State, 851 So. 2d 655, 660 (Fla.2003); Evans v. State, 838 So. 2d 1090, 1094-95 (Fla.2002) cert. denied, — U.S. -, 124 S.Ct. 121, 157 L.Ed.2d 84 (2003). The evidentiary rulings were within the court’s discretion. To the extent it could be said that the prosecutor argued that defendant-appellant Cajuste was fleeing from the scene of the crime, this was a fair comment on the evidence and was not objected to at trial.
Affirmed.
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Cited By
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Duggins v. State, 921 So. 2d 775 (Fla. 3d DCA 2006)…l findings of other triers of fact; i.e. juries and trial judges serving in their capacities as fact finders. The trier of fact’s factual findings will not be disturbed on appeal if [*777] supported by competent substantial evidence. Lewis v. State, 874 So. 2d 728 (Fla. 3d DCA 2004)(denying petition for belated appeal where commissioner, who was appointed to make factual findings, found that petitioner .did not timely request his attorney to file an appeal and in fact knowingly waived his right to appeal); Ma…
Authorities Cited
- Wydell Jody Evans v. State, 838 So. 2d 1090 (Fla. 2002)
- Hooper v. State, 476 So. 2d 1253 (Fla. 1985)
- Caballero v. State, 851 So. 2d 655 (Fla. 2003)
- Parker v. State, 456 So. 2d 436 (Fla. 1984)