Aguilera v. State
526 So. 2d 217, 13 Fla. L. Weekly 1401, 1988 Fla. App. LEXIS 2417, 1988 WL 59454
District Court of Appeal of Florida·Decided June 14, 1988·No. No. 87-1486·Published·Cited by 2 cases
Opinion
Defense counsel’s specific agreement with the trial court’s determination not to [218]*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.
Affirmed.
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Aguilera v. State, 526 So. 2d 217, 13 Fla. L. Weekly 1401, 1988 Fla. App. LEXIS 2417, 1988 WL 59454 (Fla. Ct. App. 1988).
526 So. 2d 217 (Aguilera v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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