LAMPKIN v. STATE (1998)

District Court of Appeal of Florida,Fourth District.

Latonya LAMPKIN, Appellant, v. STATE of Florida, Appellee.

No. 97-2450.

Decided: May 13, 1998

Richard L. Jorandby, Public Defender, and Bernard S. Fernandez, Assistant Public Defender, West Palm Beach, for appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.

Appellant complains that the trial court erred in charging the jury on the elements of aggravated battery. Appellant's counsel did not object to the instruction given. Thus, the error was not preserved and is procedurally barred. See § 924.051(3), Fla. Stat. (1997).

While appellant claims the instruction given was fundamentally erroneous, the court read the standard instruction, and with respect to the alternative elements of proof of the crime of aggravated battery, the court properly instructed the jury in the disjunctive. This latter factor distinguishes this case from Priestley v. State, 537 So.2d 690 (Fla. 2d DCA 1989). There is not even prejudicial error, let alone fundamental error, in the instruction which the court read.

Affirm.

PER CURIAM.

WARNER, KLEIN and TAYLOR, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network