Legal Opinion

Ashley v. State

District Court of Appeal of Florida

Decided September 28, 1994No. 93-2630PublishedCited by 5 opinions

1Per curiam

“Under the invited-error doctrine, a party may not make or invite error at trial and then take advantage of the error on appeal.” Czubak v. State, 570 So.2d 925, 928 (Fla. 1990). In the instant case, if any error was committed in honoring the defendant’s demand for speedy trial, the defendant clearly invited the error. Therefore, the defendant can not take advantage on appeal of the situation he created at trial. White v. State, 446 So.2d 1031, 1036 (Fla.1984); McCrae v. State, 395 So.2d 1145 (Fla.1980), cert. denied, 454 U.S. 1041, 102 S.Ct. 583, 70 L.Ed.2d 486 (1981).

Affirmed.

2Cases cited3 opinions

  1. Czubak v. StateSupreme Court of Florida · 1990
  2. McCrae v. StateSupreme Court of Florida · 1981
  3. White v. StateSupreme Court of Florida · 1984

3Cited by5 opinions

  1. Anderson v. StateDistrict Court of Appeal of Florida · 2012
  2. Sampson v. StateDistrict Court of Appeal of Florida · 2011
  3. Stanek-Cousins v. StateDistrict Court of Appeal of Florida · 2005
  4. City of Miami Beach v. Adalberto CosmeDistrict Court of Appeal of Florida · 2024
  5. Pierre v. StateDistrict Court of Appeal of Florida · 1999