Legal Opinion

McAllister v. State

District Court of Appeal of Florida

Decided June 11, 2004No. 5D03-2137Published

1Opinion of the CourtMonaco, J.

Joel C. McAllister appeals from the judgment and sentence arising out of his convictions of burglary of a structure, trespassing, molesting or damaging a vending machine, and petit theft. The issues raised in this appeal concern the integrity of the jury verdict, and the purported mi-sinstruction of the jury by the trial judge. Because the inquiry into the jury’s actions invited by Mr. McAllister concerns matters that inhere in the verdict, we find no error in the trial court’s refusal to grant the relief requested. Likewise, because any instructional error was either not preserved, agreed…

2Cases cited4 opinions

  1. Occhicone v. StateSupreme Court of Florida · 1990
  2. Reaves v. StateSupreme Court of Florida · 2002
  3. Smith v. StateSupreme Court of Florida · 1957
  4. Walters v. StateDistrict Court of Appeal of Florida · 2001

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