JULIE NECOLE LANE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2015-07-17
No. 5D13-4238
ORFINGER, EVANDER and LAMBERT, JJ., concur.
168 So. 3d 1276 Florida District Court of Appeal, Fifth District (2015) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. Instructional error, if any, even if fundamental, was waived when Appellant requested the now challenged instruction. See Armstrong v. State, 579 So.2d 734, 735 (Fla.1991). Relief on this claim, if any, must await timely postconviction proceedings. See Fla. R. Crim. P. 3.850.

ORFINGER, EVANDER and LAMBERT, JJ., concur.

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  • Fuller v. State, 257 So. 3d 521 (Fla. 5th DCA 2018)
    …se counsel not only fails to object to an instruction, but affirmatively requests the trial court give the instruction which is later complained about on appeal. Universal Ins. Co. of N. Am. v. Warfel , 82 So. 3d 47, 65 (Fla. 2012) ; Lane v. State , 168 So. 3d 1276, 1276 (Fla. 5th DCA 2015) ("Instructional error, if any, even if fundamental, was waived when Appellant requested the now challenged instruction."). Likewise, the possible confusion caused by giving conflicting instructions concerning whether Fuller…
  • Fuller v. State (Fla. 5th DCA 2018)

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