Legal Opinion

Ellick v. State

District Court of Appeal of Florida

Decided April 26, 2006No. 4D04-4786Published

1Opinion of the CourtWarner, J.

We affirm appellant’s convictions and sentences for trafficking in hydrocodone and possession of cocaine. He raises three issues, none of which require reversal.

He alleges that the judge gave a confusing jury instruction which negated his affirmative defense. However, he failed to make a specific objection to the charge, and no fundamental error occurred. See Reed v. State, 837 So.2d 366, 370 (Fla. 2002). Further, he never requested a jury instruction on his affirmative defense.

Appellant also complains that a passing reference to a suppression hearing by a testifying detective was reversible…

2Cases cited3 opinions

  1. Reed v. StateSupreme Court of Florida · 2002
  2. Buenoano v. StateSupreme Court of Florida · 1988
  3. Herrera v. StateDistrict Court of Appeal of Florida · 2004

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