SHELLY WHITE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the appellant's conviction is affirmed because there was sufficient evidence and the jury charge issue was not preserved for appeal.
Appellant was convicted of attempted auto theft. He appealed, arguing insufficient evidence of intent and error in denying a requested jury instructio…
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PER CURIAM.
Appealing from his conviction of attempted auto theft (§§ 814.03(1) and 776.-04 Fla.Stat., F.S.A.), the appellant argues insufficiency of the evidence of intent to permanently deprive the owner of the property involved. Further, appellant contends the court erred by denying his requested instruction relating to such intent.
• We find no reversible error is disclosed, and affirm. There was competent, substantial evidence to support the judgment, giving due effect to the quantum of proof involved.
Regarding the point as to the denied jury charge, the record fails to show, in the conference on jury charges or elsewhere, any timely objection by the defendant to the refusal of the court to give such requested charge, 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 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 been held not to constitute error in decisions too numerous to justify citation. Since the court here charged on the intent element of the offense, we need not express an opinion on whether the absence of any charge on that element of intent would constitute fundamental error, or review the decisions in which that question has been discussed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (17 total)
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James v. State, 393 So. 2d 1138 (Fla. 3d DCA 1981)…, accordingly, I would affirm on that basis alone. Kelly v. State, 389 So. 2d 250 (Fla. 2d DCA 1980), as adopted and followed in Bailey v. State, 393 So. 2d 24 (Fla. 3d DCA 1980); Atkinson v. State, 378 So. 2d 324 (Fla. 3d DCA 1980); White v. State, 324 So. 2d 115 (Fla. 3d DCA), cert. dismissed, 339 So. 2d 1173 (Fla.1976); Fla.R.Crim.P. 3.390(d); see Tascano v. State, 393 So. 2d 540 (Fla.1980).…
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Washington v. State, 392 So. 2d 599 (Fla. 1st DCA 1981)…be reversible error. This argument might be well-taken except for the fact that Fla.R.Crim.P. 3.390(d), in no uncertain terms, requires such an objection to preserve the issue for appeal. Kelly v. State, 389 So. 2d 250 (2d DCA 1980); White v. State, 324 So. 2d 115 (Fla.3d DCA 1976). Appellant having failed to preserve the issue, the judgment appealed is affirmed. ERVIN and SHAW, JJ., concur. WENTWORTH, J., dissents with opinion.…
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Johnson v. State, 484 So. 2d 1347 (Fla. 4th DCA 1986)…offenses were included in the instructions.) Thus, there has been no reversible error. The refusal to give a requested charge when it is covered by charges given does not constitute error. Palmes v. State, 397 So. 2d 648 (Fla.1981); White v. State, 324 So. 2d 115 (Fla. 3rd DCA 1975). Point 6. No merit based on Herman v. State, 396 So. 2d 222 (Fla. 4th DCA 1981). Point 7. No merit based on Spaziano v. Florida, 468 U.S. 447, 104 S.Ct. 3154, 82 L.Ed.2d 340 (1984) and Owens v. State, 316 So. 2d 537 (Fla.1975).…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Blackburn v. Blackburn, 286 So. 2d 604 (Fla. 2d DCA 1973)
- Rayner v. State, 286 So. 2d 604 (Fla. 2d DCA 1973)
- Forsythe v. Cary, 102 So. 2d 737 (Fla. 2d DCA 1958)
- Bennie Mark Miller v. State, 102 So. 2d 737 (Fla. 1st DCA 1958)