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28 So. 3d 102

McDuffie v. State

District Court of Appeal of Florida

Decided December 31, 2009

District Court of Appeal of Florida · decided 2009-12-31

Cited by 1 later decisions — most recently October 2012

1 state decisions

Relies on 759 So. 2d 647 - State v. Olivo

Good law ✅— No negative treatment on recordhow we know

Decided 2009-12-31

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CLARK, J.

¶1 Appellant, Tavares Antonio McDuffie, challenges his conviction entered after jury trial on an amended information. He argues on appeal that the filing of the amended information during the speedy trial rule’s recapture period precluded his trial on that amended information. See Fla. R.Crim. P. 3.191(p).

¶2 Because the propriety and timeliness of the amended information was not raised in the trial proceedings, it has not been preserved for appeal. State v. Olivo, 759 So.2d 647 (Fla.2000).

¶3 Appellant’s challenges to evidence admitted over defense counsel’s objections are unsupported by any showing in the record that the trial court abused its discretion.

¶4 The judgment on appeal is AFFIRMED.

BARFIELD and ROWE, JJ., concur.
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