Legal Opinion

Richardson v. State

District Court of Appeal of Florida

Decided February 13, 2009No. 5D07-3503PublishedCited by 2 opinions

1Per curiam

We conclude that Appellant’s challenge to the erroneous verdict form was not preserved and was invited. Morris v. State, 658 So.2d 155 (Fla. 1st DCA 1995). The Fourth District’s decision in Wilson v. State, 566 So.2d 36 (Fla. 4th DCA 1990), is distinguished in that it did not address an unpreserved, invited error. This Court’s decision in Mashburn v. State, 745 So.2d 453 (Fla. 5th DCA 1999), likewise did not address an invited error. It addressed the State’s failure to include on the verdict form a special finding required to enhance the defendant’s penalty. Unlike this case, the State had…

2Cases cited3 opinions

  1. Morris v. StateDistrict Court of Appeal of Florida · 1995
  2. Wilson v. StateDistrict Court of Appeal of Florida · 1990
  3. Mashburn v. StateDistrict Court of Appeal of Florida · 1999

3Cited by2 opinions

  1. JB v. Department of Children and FamiliesDistrict Court of Appeal of Florida · 2009
  2. PATRICK JAY BANKS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019

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