Aguilera v. State

District Court of Appeal of Florida

Decided June 14, 1988

District Court of Appeal of Florida · decided 1988-06-14

Cited by 2 later decisions — most recently December 1992

2 state decisions

Relies on Harris v. Florida · 438 So. 2d 787 - Harris v. State · 484 So. 2d 577 - Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-06-14

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PER CURIAM.

¶1Defense counsel’s specific agreement with the trial court’s determination not to *218instruct on an arguably necessarily lesser included offense in this non-capital case precludes raising the issue on appeal. Jones v. State, 484 So.2d 577 (Fla.1986); Weyrick v. State, 485 So.2d 901 (Fla. 4th DCA 1986); compare Harris v. State, 438 So.2d 787 (Fla.1983), cert. denied, 466 U.S. 963, 104 S.Ct. 2181, 80 L.Ed.2d 563 (opposite rule in capital case). On that basis, the appellant’s only contention may not be considered.

¶2Affirmed.