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Stripling v. State

Stripling v. State, 664 So. 2d 2 (Fla. Dist. Ct. App. 1995)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
December 15, 1995
Docket
No. 94-341
Judges
Jorgenson, Cope and Goderich
Citations
664 So. 2d 21995 WL 59589

Opinion

664 So.2d 2 (1995)

Angelo STRIPLING, Appellant,

v.

The STATE of Florida, Appellee.

No. 94-341.

District Court of Appeal of Florida, Third District.

February 15, 1995. As Amended December 15, 1995.

*3 Bennett H. Brummer, Public Defender, and Christina A. Spaulding, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before JORGENSON, COPE and GODERICH, JJ.

Motion for Rehearing, Rehearing En Banc, or Certification Withdrawn.

PER CURIAM.

Angelo Stripling appeals his convictions for first degree murder, armed robbery, and shooting a deadly missile into a vehicle. We affirm.

Defendant claims error in certain trial court rulings during voir dire which defendant contends unduly restricted his voir dire inquiry. We conclude that this claim is not preserved for appellate review. As we view the record, defendant affirmatively accepted the jury upon the selection of the twelfth juror. Defendant did not renew his objection at that time or at any time prior to the swearing of the jury. See Joiner v. State, 618 So.2d 174, 176 (Fla. 1993); Brown v. State, 613 So.2d 558, 559 (Fla. 2d DCA 1993); cf. Springer v. State, 513 So.2d 736, 737 (Fla. 3d DCA 1987) (in analogous circumstances, objection waived when not timely made).

As to the second point on appeal, we find no abuse of discretion in the trial court's conclusion that the proffered statements were not statements against penal interest. See § 90.804(2)(c), Fla. Stat. (1993); Williamson v. United States, ___ U.S. ___, ___, 114 S.Ct. 2431, 2435 , 129 L.Ed.2d 476 (1994).

Affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 6 in all; the most informative distinct ones are shown.

Cited by 11 cases

View all citing references →
1996: 11998: 32000: 12001: 12002: 22012: 12015: 12016: 119962026peak 1998 · 3

Relies on it most ⓘ

  1. Milstein v. Mutual SEC. Life Ins. Co.705 So. 2d 639 (Fla. Dist. Ct. App. 1998)
  2. Lavin v. State754 So. 2d 784 (Fla. Dist. Ct. App. 2000)
  3. Green v. State679 So. 2d 1294 (Fla. Dist. Ct. App. 1996)
  4. Martin v. State816 So. 2d 187 (Fla. Dist. Ct. App. 2002)
  5. Melara v. Cicione712 So. 2d 429 (Fla. Dist. Ct. App. 1998)
  6. Markeria Roshwan Hillsman v. State of Florida159 So. 3d 415 (Fla. Dist. Ct. App. 2015)

Most recent

  1. Stripling v. State209 So. 3d 70 (Fla. Dist. Ct. App. 2016)
  2. Markeria Roshwan Hillsman v. State of Florida159 So. 3d 415 (Fla. Dist. Ct. App. 2015)
  3. Blanco v. State89 So. 3d 933 (Fla. Dist. Ct. App. 2012)
  4. Fredrick v. State832 So. 2d 245 (Fla. Dist. Ct. App. 2002) · Concurrence
  5. Martin v. State816 So. 2d 187 (Fla. Dist. Ct. App. 2002)
  6. Geibel v. State795 So. 2d 285 (Fla. Dist. Ct. App. 2001)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Williamson v. United States, 512 U.S. 594 (1994) 768
Joiner v. State, 618 So. 2d 174 (Fla. 1993) 165
Brown v. State, 613 So. 2d 558 (Fla. Dist. Ct. App. 1993) 4
Springer v. State, 513 So. 2d 736 (Fla. Dist. Ct. App. 1987) 3

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