Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Perry ARCHIBALD, Appellant, v. STATE of Florida, Appellee.
Appellant claims that per se reversible error occurred when, in responding to a jury question during deliberations, the trial court supplied the jury with a written copy of one instruction but failed to supply written copies of the remaining instructions. However, since appellant failed to object, the issue is not preserved for appeal. See Serrano v. State, 639 So.2d 68, 69 (Fla. 3d DCA 1994); see also State v. Delva, 575 So.2d 643, 644 (Fla.1991)(jury instruction errors subject to contemporaneous objection rule and are not reviewable absent objection); Rojas v. State, 552 So.2d 914, 915 (Fla.1989)(objection required to preserve error in reinstruction for appeal); Bohannon v. State, 546 So.2d 1081, 1082 (Fla. 3d DCA 1989) (specific objection required to preserve reinstruction issue for appellate review).
As to appellant's sentences, the state concedes that the sentences on appellant's two misdemeanor convictions were illegal as exceeding the statutory maximum. However, because appellant has served his sentence, no relief is possible. The second issue is therefore moot.
WARNER, Judge.
GLICKSTEIN and SHAHOOD, JJ., concur.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 97-1149.
Decided: August 26, 1998
Court: District Court of Appeal of Florida,Fourth District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)