IN RE THE FORFEITURE OF UNITED STATES CURRENCY IN THE AMOUNT OF SEVEN THOUSAND ONE HUNDRED THIRTY-SEVEN DOLLARS AND NO/100 ($7,137.00)

Citator

Cited By

• State v. Batraville Vincent Delva, 575 So. 2d 643 (Fla. 1991)
  …aneous objection rule will be applied. E.g., Lawson v. State, 552 So. 2d 257 (Fla. 4th DCA 1989), review denied, 563 So. 2d 632 (Fla.1990); State v. Austin, 532 So. 2d 19 (Fla. [*646] 5th DCA), review denied, 537 So. 2d 568 (Fla.1988); Lee v. State, 526 So. 2d 777 (Fla. 2d DCA 1988). I basically agree with the applicable law as set forth in the majority opinion and I agree that, before the failure to give the instruction that “Delva must know that the property he possessed was cocaine” can be raised on appe…
• Segars v. State, 537 So. 2d 1052 (Fla. 3d DCA 1989)
  …crime is pertinent or material to what must actually be considered by the jury in order to convict. Williams, 400 So. 2d at 543. The incomplete instruction cannot be said to have misled the jury or negated Segars’ defense. See Banda; Lee v. State, 526 So. 2d 777 (Fla. 2d DCA 1988). Cf. Ortagus v. State, 500 So. 2d 1367 (Fla. 1st DCA 1987) (reversible error where trial court’s instruction on manslaughter failed to cover material elements of the offense and defendant asserted self-defense theory); Alejo, 483…
• Crawford v. State, 606 So. 2d 1204 (Fla. 2d DCA 1992)
  …he jury on attempted manslaughter was fundamental error. Defendant’s failure to request that instruction and object to the trial court’s omission thereof procedurally bars review. See McKinney v. State, 579 So. 2d 80, 83-84 (Fla.1991); Lee v. State, 526 So. 2d 777, 778 (Fla. 2d DCA 1988). In a similar case where the defendant was charged with first-degree murder and convicted of second-degree murder, whether or not there should have been given to the jury as a part of the manslaughter instruction the short…

Authorities Cited

• Williams v. Miller, 433 So. 2d 33 (Fla. 5th DCA 1983)
• The City OF ST. Petersburg Beach v. Jewell, 489 So. 2d 78 (Fla. 2d DCA 1986)