664 SO2D 2 - Stripling v. State

How this case has been cited

Cited by 11 later decisions — most recently December 2016

11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 *3 Bennett H. Brummer, Public Defender, and Christina A. Spaulding, Sp. Asst. Public Defender, for appellant.

¶2Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

¶3Before JORGENSON, COPE and GODERICH, JJ.

¶4Motion for Rehearing, Rehearing En Banc, or Certification Withdrawn.

¶5PER CURIAM.

¶6Angelo Stripling appeals his convictions for first degree murder, armed robbery, and shooting a deadly missile into a vehicle. We affirm.

¶7Defendant 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).

¶8As 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).

¶9Affirmed.