Ashley v. State

District Court of Appeal of Florida

Ashley v. State

642 So. 2d 837, 1994 Fla. App. LEXIS 9299, 1994 WL 523664

District Court of Appeal of Florida·Decided September 28, 1994·No. No. 93-2630·Published·Cited by 6 cases

Opinion

PER CURIAM.

“Under the invited-error doctrine, a party may not make or invite error at trial and then take advantage of the error on appeal.” Czubak v. State, 570 So.2d 925, 928 (Fla. 1990). In the instant case, if any error was committed in honoring the defendant’s demand for speedy trial, the defendant clearly invited the error. Therefore, the defendant can not take advantage on appeal of the situation he created at trial. White v. State, 446 So.2d 1031, 1036 (Fla.1984); McCrae v. State, 395 So.2d 1145 (Fla.1980), cert. denied, 454 U.S. 1041, 102 S.Ct. 583, 70 L.Ed.2d 486 (1981).

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

“Under the invited-error doctrine, a party may not make or invite error at trial and then take advantage of the error on appeal.” Czubak v. State, 570 So.2d 925, 928 (Fla. 1990). In the instant case, if any error was committed in honoring the defendant’s demand for speedy trial, the defendant clearly invited the error. Therefore, the defendant can not take advantage on appeal of the situation he created at trial. White v. State, 446 So.2d 1031, 1036 (Fla.1984); McCrae v. State, 395 So.2d 1145 (Fla.1980), cert. denied, 454 U.S. 1041, 102 S.Ct. 583, 70 L.Ed.2d 486 (1981).

Affirmed.

Ashley v. State, 642 So. 2d 837, 1994 Fla. App. LEXIS 9299, 1994 WL 523664 (Fla. Ct. App. 1994).

Pincite

642 So. 2d 837 (Ashley v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related