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666 So. 2d 566

Boque v. State

District Court of Appeal of Florida

Decided January 3, 1996

District Court of Appeal of Florida · decided 1996-01-03

Cited by 1 later decisions — most recently June 2001

1 state decisions

Relies on 365 So. 2d 701 - Castor v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-01-03

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PER CURIAM.

¶1The defendant appeals from his conviction and sentence raising two issues.

¶2As to the first issue, we find it was not properly preserved by contemporaneous objection for appellate review. Castor v. State, 365 So.2d 701, 703 (Fla.1978). In the instant case, the jury requested a re-instruction on the area of intent. The State made a suggestion as to the scope of the instruction, while the defense made another. When the trial court adopted the State’s position and announced its intention to proceed in this manner, the defense should have objected, but did not.

¶3As to the second issue, we find that it lacks merit.

¶4Accordingly, we affirm.

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