LEWIS E. BLACKBURN, APPELLANT,

v.

PHYLLIS BLACKBURN, APPELLEE

Citator

Cited By

• White v. State, 324 So. 2d 115 (Fla. 3d DCA 1975)
  …rge, or any objection in that connection to the charges given by the court. Thereby, under Rule 3.390(d) RCrP, the contention on appeal of error for refusal to give such requested charge [*116] is not presentable here. Rayner v. State, Fla.App.1973, 286 So. 2d 604; Miller v. State, Fla.App. 1958, 102 So. 2d 737. Moreover the record reveals that the jury charges given by the court included and adequately covered that element of intent. Refusal to give a requested charge when it is covered by charges given has…
• Jones v. State, 358 So. 2d 37 (Fla. 4th DCA 1978)
  …into charging the jury on possession of an hallucinogenic drug which was not a lesser included offense of the information charging the appellant with sale of an hallucinogenic drug. On remand from the Supreme Court, the appellant in Rayner v. State, 286 So. 2d 604 (Fla. 2d DCA 1973) failed to object to the court’s failure to instruct on any lesser included offenses (in fact, requested the court not to so instruct), and was held to have waived his right to complain. In cases where an appellant has entered plea…
• Williams v. State, 346 So. 2d 554 (Fla. 3d DCA 1977)
  …us, where the defendant herein failed to request a “Lyles” instruction or to object to the trial court’s failure to give such a charge, he has no standing to raise the question on appeal. Williams v. State, 285 So. 2d 13 (Fla.1973); Rayner v. State, 286 So. 2d 604 (Fla. 2nd D.C.A.1973); Fla.R.Crim.P. 3.390(d). Furthermore, even if Roberts v. State, supra, does hold it mandatory for the trial court to sua sponte give a charge on the “Lyles” rule [a holding we clearly reject herein], that case would not be app…