CopyCited 16 times | Published | Supreme Court of Florida | 2006 WL 797659
...ating only: "The petition seeking belated appeal is denied on the merits." See Jackson v. State,
868 So.2d 527 (Fla. 1st DCA 2004)(table case). Jackson timely appealed to this Court. In this appeal, Jackson claims the district court declared invalid section
924.05, Florida Statutes (2004), which states that "[d]irect appeals provided for in this chapter are a matter of right." He also claims the district court declared invalid section
924.06, Florida Statutes (2004), which describes the type of...
CopyCited 14 times | Published | Supreme Court of Florida | 2008 WL 4354880
...Criminal defendants are entitled to a direct appeal as a matter of right in Florida. See Amendments to Fla. R. App. Pro.,
685 So.2d 773, 774 (Fla.1996) (concluding that article V, section 4(b)(1) of the Florida Constitution, provides a constitutional protection of the right to appeal); §
924.05, Fla....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 15787, 2009 WL 3353139
...We first address the preservation for review of Appellant's claim that the courtroom scene presented to the jurors denied him a fair trial. Generally, a litigant is required to object to an error at the time the error occurs in the trial in order to obtain appellate review of the issue. § 924.05(3), Fla....
...As soon as counsel learned of the courtroom conditions, he filed the motion for new trial. The trial court considered the issue and denied the motion on the merits. This satisfied the purpose of the contemporaneous objection rule and was sufficient to preserve the issue for appeal. § 924.051(1)(b), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1999 WL 461926
...Defense counsel admitted that Nieves shot the victim. The only issue for the jury was whether the killing was premeditated or done in self-defense. Any confusion regarding the number of cartridges or the kind of magazine could not have affected the verdict. § 924.05, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 3800
...The objection made in this case during the defendant's motion for judgment of acquittal was that "the State charged J.O. with the wrong statute.” We find this argument sufficient to put the trial judge on notice he was departing from legal principle. See § 924.05(l)(b), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 6912, 2002 WL 1021622
*793 CONFESSION OF ERROR PER CURIAM. Upon the State’s proper confession of error, the case is reversed and remanded to the trial court for a new trial on the charge of second-degree misdemeanor criminal mischief. See § 924.05, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2010 WL 1049976
...NOTES [1] The objection made in this case during the defendant's motion for judgment of acquittal was that "the State charged J.O. with the wrong statute." We find this argument sufficient to put the trial judge on notice he was departing from legal principle. See § 924.05(1)(b), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2005 Fla. App. LEXIS 2466, 2005 WL 475416
...The jurors were also instructed with the standard instruction on justifiable use of deadly force when attacked in one’s own home as modified by the defense. *492 We find that the defense objection was not sufficiently precise so as to inform the trial judge of the basis and grounds of the objection. § 924.05(1)(b), Fla....
