Davis v. State, 96-2911
| Decision Date | 13 May 1998 |
| Docket Number | No. 96-2911,96-2911 |
| Citation | 710 So.2d 723 |
| Parties | 23 Fla. L. Weekly D1185 Joseph Henry DAVIS, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Lara J. Edelstein, Assistant Attorney General, Fort Lauderdale, for appellee.
Before SCHWARTZ, C.J., and GREEN and FLETCHER, JJ.
Of the appellant's claims of trial error, his contention that a state peremptory challenge was improperly permitted over a Neil objection, although well taken, was not properly preserved, Joiner v. State, 618 So.2d 174 (Fla.1993); Bauta v. State, 698 So.2d 860 (Fla. 3d DCA 1997), review granted, 705 So.2d 901 (Fla.1998); Karp v. State, 698 So.2d 577 (Fla. 3d DCA 1997), and the other two present no reversible error. Hence, the convictions for first degree murder and armed burglary with a firearm on review are affirmed.
As the state acknowledges, however, the sentences must be corrected after remand to provide that the mandatory minimum terms for the use of a firearm in the two crimes must be made concurrent rather than consecutive because they occurred during a single criminal episode. State v. Christian, 692 So.2d 889 (Fla.1997). In addition, the separate conviction and sentence for the possession of a firearm during the course of the armed burglary are vacated on the authority of Cleveland v. State, 587 So.2d 1145 (Fla.1991).
Affirmed as modified.
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...to renew (and thus preserve) an objection to the State's peremptory challenge. Davis, 341 F.3d at 1312-13; see Davis v. State, 710 So.2d 723, 724 (Fla. 3d DCA 1998) (finding that the objection was not preserved); Davis v. State, 763 So.2d 332 (Fla. 3d DCA 2000) (affirming the summary denial......
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Carratelli v. State
...341 F.3d 1310 (11th Cir.2003). There a state peremptory challenge was improperly permitted over a Neil4 objection. Davis v. State, 710 So.2d 723, 724 (Fla. 3d DCA 1998). However, the defense objection was not properly preserved, because defense counsel did not renew his objections before th......
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Davis v. Secretary for Dept. of Corrections
...was "well taken," it declined to address it because his attorney failed to preserve the issue for appeal. Davis v. State, 710 So.2d 723, 724 (Fla. Dist.Ct.App.1998) (per curiam) (citing Joiner v. State, 618 So.2d 174 (Fla.1993)).3 As a result, the court affirmed the first degree murder and ......
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Davis v. State, 3D96-2911.
...to renew his objection prior to the jury being seated as required by Joiner v. State, 618 So.2d 174 (Fla.1993). See Davis v. State, 710 So.2d 723 (Fla. 3d DCA 1998). The defendant next filed, in the trial court, a pro se motion for post conviction relief under Fla. R.Crim. P. 3.850. This co......