Bianchi v. State
| Decision Date | 10 January 1973 |
| Docket Number | No. 72--743,72--743 |
| Citation | 272 So.2d 8 |
| Parties | Luis BIANCHI, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Pollack, Yocom & Haggard, Alvin E. Entin, Miami, for appellant.
Robert L. Shevin, Atty. Gen., and J. Robert Olian, Asst. Atty. Gen., for appellee.
Before BARKDULL, C.J., and PEARSON and HAVERFIELD, JJ.
Defendant, Luis Bianchi, was found guilty of aggravated assault and carrying a concealed firearm. On appeal he urges that testimony given at trial by a police officer called as a witness for the prosecution should have been excluded because the officer failed to appear for the taking of his deposition.
The record on appeal reveals that while one witness called by the state did not appear for the taking of his deposition, the defendant made no attempt to re-subpoena or reset the deposition before trial. Additionally, when the trial judge was informed of this incident just before the subject witness was to testify, an offer was made to defense counsel to depose the witness before continuing with trial. This opportunity was turned down by the defense.
It is the opinion of this court that defendant is complaining about an error he of it. Gagnon v. State, Fla.App.1968, of it. Gagnon v. State, Fla.App.1968 212 So.2d 337. Defendant had the opportunity to re-notice the taking of the subject witness' deposition, and he waived the right to depose that witness before his testimony.
Accordingly, the judgment and sentence are affirmed.
Affirmed.
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Touchette v. Bould
...estate as an element of plaintiff's damages, this was invited error which cannot be remedied on appeal. See, e.g., Bianchi v. State, 272 So.2d 8 (3rd DCA Fla.1973). Appellants contend that it is fundamental error involving lack of subject matter jurisdiction, which cannot be waived and can ......
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Spadaro v. State
...verdict which was dispositive of the issues tried and consistent with instructions erroneously given at his request. Bianchi v. State, 272 So.2d 8 (Fla.App.3d, 1973); Castle v. State, 305 So.2d 794 (Fla.App.4th, 1975), cert. den. 317 So.2d 766. We therefore do not reach the question of whet......
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Filgueiras v. State, 73--878
...he cannot now urge error in the court doing what he asked the court to do. Gagnon v. State, Fla.App.1968, 212 So.2d 337; Bianchi v. State, Fla.App.1973, 272 So.2d 8. The trial could have proceeded in a normal course. If the State had attempted to introduce the tapes and their transcriptions......
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Feld v. State, 75-1819
...and induced the trial judge into approving the stipulated narrative. Gagnon v. State, 212 So.2d 337 (Fla.3d DCA 1968); Bianchi v. State, 272 So.2d 8 (Fla.3d DCA 1973); Castle v. State, 305 So.2d 794 (Fla.4th DCA 1974). Next, the original assignment of error in this cause went to the suffici......