GIANCARLO ZAMBRANO
v.
THE STATE OF FLORIDA
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A jury instruction for resisting an officer without violence that names the officer constitutes non-fundamental error, and any error is waived if counsel fails to take advantage of the trial judge's opportunity to cure it.
[1] A jury instruction naming a specific law enforcement officer in a resisting-without-violence charge constitutes non-fundamental error subject to harmless error analysis.
[2] Instructional error is waived and constitutes invited error when the trial judge offers counsel an opportunity to cure the error and counsel fails to take advantage of it…
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Join FLexlaw to unlock all legal intelligenceZambrano was charged with resisting an officer without violence. The trial court provided a jury instruction that named the specific law enforcement o…
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PER CURIAM.
Affirmed. Adams v. State, 630 So. 2d 641, 642 (Fla. 3d DCA 1994) (holding that a jury instruction for resisting officer without violence that named the law enforcement officer was error but not fundamental error);
Starks v. State, 627 So. 2d 1194, 1198 (Fla. 3d DCA 1993) (“‘It is well-established law that where the trial judge has extended counsel an opportunity to cure any error, and counsel fails to take advantage of the opportunity, such error, if any, was invited and will not warrant reversal.’”) (quoting Ray v. State, 403 So. 2d 956, 960 (Fla. 1981) (citation and emphasis omitted)).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- RAY v. State, 403 So. 2d 956 (Fla. 1981)
- Starks v. State, 627 So. 2d 1194 (Fla. 3d DCA 1993)
- Venita Ann Smith v. State, 630 So. 2d 641 (Fla. 5th DCA 1994)