TAVARES ANTONIO MCDUFFIE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TAVARES ANTONIO MCDUFFIE, APPELLANT,
STATE OF FLORIDA, APPELLEE
28 So. 3d 102
Florida District Court of Appeal, First District (2009)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Appellant, Tavares Antonio McDuffie, challenges his conviction entered after jury trial on an amended information. He argues on appeal that the filing of the amended information during the speedy trial rule’s recapture period precluded his trial on that amended information. See Fla. R.Crim. P. 3.191(p).
Because the propriety and timeliness of the amended information was not raised in the trial proceedings, it has not been preserved for appeal. State v. Olivo, 759 So.2d 647 (Fla.2000).
Appellant’s challenges to evidence admitted over defense counsel’s objections are unsupported by any showing in the record that the trial court abused its discretion.
The judgment on appeal is AFFIRMED.
BARFIELD and ROWE, JJ., concur.
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Citator
Cited By
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Tavares McDUFFIE v. State, 135 So. 3d 317 (Fla. 1st DCA 2012)…crime.3 See Clifton, 905 So. 2d at 178. Additionally, as we stated in our opinion affirming Appellant’s conviction, his counsel’s failure to object to the amended information precluded our review of the issue on direct appeal. See McDuffie v. State, 28 So. 3d 102, 103 (Fla. 1st DCA 2009) (affirming Appellant’s conviction “[bjecause the propriety and timeliness of the amended information was not raised in the trial proceedings”). Had counsel objected and preserved the issue, the remedy on direct appeal would…
Authorities Cited
- State v. Olivo, 759 So. 2d 647 (Fla. 2000)