Davis v. State, 90-0831
| Decision Date | 29 May 1991 |
| Docket Number | No. 90-0831,90-0831 |
| Citation | 579 So.2d 418 |
| Parties | Jerry DAVIS, Appellant, v. STATE of Florida, Appellee. 579 So.2d 418, 16 Fla. L. Week. D1456 |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Broward County; Russell E. Seay, Jr., Judge.
Michael D. Gelety, Fort Lauderdale, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm the conviction of appellant. While the prosecutor did make a comment on appellant's right to remain silent in his closing argument, appellant's counsel did not object and thus did not preserve the error for appeal. Clark v. State, 363 So.2d 331 (Fla.1978), receded from on other grounds, State v. DiGuilio, 491 So.2d 1129 (Fla.1986). In addition, the objection to the identification of appellant was also not preserved for review. Douglas v. State, 328 So.2d 18 (Fla.1976).
We also affirm the sentence as an habitual offender. However, we remand for correction of the "Order Finding Defendant to be an Habitual Violent Felony Offender." At the sentencing hearing and on the written sentence, the court found appellant to be only an habitual offender. Therefore, the order enumerating reasons must be corrected to find that the court was sentencing as an habitual offender, not an habitual violent offender.
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Davis v. State
...of these issues were raised on direct appeal, but this court found that neither issue had been preserved for appeal. Davis v. State, 579 So.2d 418 (Fla. 4th DCA 1991). The state's response to defendant's motion before the trial court was that: 1) the issue had been decided on appeal; 2) the......
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Davis v. State, 96-0194
...possession of a short-barrelled shotgun, and carrying a concealed weapon. His conviction was affirmed on direct appeal. Davis v. State, 579 So.2d 418 (Fla. 4th DCA 1991). In that appeal, appellant raised two issues that had not been preserved by objection at trial: (1) the prosecutor's refe......
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