TONY DANIEL BRUCE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2004-07-28
No. 3D02-1312
Before SCHWARTZ, C.J., and GODERICH and SHEPHERD, JJ.
878 So. 2d 465 Florida District Court of Appeal, Third District (2004) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The conviction and sentence under review are affirmed. The only claim of trial error concerns the admission of certain testimony as to which no objection was preserved below and which does not amount to fundamental error. Likewise, no error has been demonstrated in the sentence, as properly corrected by the trial judge.

Affirmed.


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  • Dalia A. Dippolito v. State, 275 So. 3d 653 (Fla. 4th DCA 2019)
    …y hearing and denied the motion based upon the court’s thorough review of the evidence. Objective entrapment is a matter of law for the court to decide. See Cruz v. State, 465 So. 2d 516, 521 (Fla. 1985). Appellant points to Delice v. State, 878 So. 2d 465 (Fla. 4th DCA 2004), for the proposition that the defense should be submitted to the jury, but Delice does not go that far. In Delice, the defendant claimed that a confidential informant raped her, causing her to fear the CI and making her susce…
  • Blanco v. State, 89 So. 3d 933 (Fla. 3d DCA 2012)
    …elling cocaine); Munoz v. State, 629 So. 2d 90, 99 (Fla.1993) (“In rebutting the defendant’s evidence of lack of predisposition, the prosecution may make ‘an appropriate and searching inquiry’ into the conduct of the accused.... ”); Delice v. State, 878 So. 2d 465 (Fla. 4th DCA 2004) (determining evidence was relevant to defendant’s vulnerability to subjective entrapment). Accordingly, the trial court did not err in admitting the political discussion contained in the taped telephone conversation. Finally, we…
  • Perry v. State, 256 So. 3d 888 (Fla. 4th DCA 2018)
    …on the question of self-defense.” In State v. Hickson, 630 So. 2d 172 (Fla. 1993), the supreme court found that expert testimony on battered spouse syndrome was admissible to support the defendant’s self-defense claim. Finally, in Delice v. State, 878 So. 2d 465, 468 (Fla. 4th DCA 2004), this court held it was error to exclude the testimony of the defendant’s psychiatrist because evidence of her depression was relevant to support her entrapment defense. In each of these cases, the jury could be given a lim…

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