Staffins v. State

District Court of Appeal of Florida

Staffins v. State

521 So. 2d 382, 13 Fla. L. Weekly 686, 1988 Fla. App. LEXIS 1019, 1988 WL 20597

CourtDistrict Court of Appeal of Florida

DecidedMarch 15, 1988

DocketNo. BQ-32

StatusPublished

This text of 521 So. 2d 382 (Staffins v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Staffins v. State, 521 So. 2d 382, 13 Fla. L. Weekly 686, 1988 Fla. App. LEXIS 1019, 1988 WL 20597 (Fla. Ct. App. 1988).

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Opinion

WIGGINTON, Judge.

Appellant, who voluntarily chose to represent himself at trial, appeals his conviction after jury trial of inmate possession of a weapon (a pocket knife), in violation of section 944.47(l)(c). He challenges the jury selection process employed in his case. However, since he failed to object timely below to the procedure followed, the issue he raises on appeal in this regard is not reviewable. United States v. Cole, 796 F.2d 380 (11th Cir.1986), cert. denied, — U.S. -, 107 S.Ct. 443, 93 L.Ed.2d 391 (1986); Castor v. State, 365 So.2d 701 (Fla.1978). He also challenges a jury instruction on the basis of his assertion that a pocket knife does not qualify as a weapon under section 944.47(l)(a)(5). Finding to the contrary, we determine that the jury instruction given in that regard does not constitute error.

AFFIRMED.

BOOTH and ZEHMER, JJ., concur.

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WIGGINTON, Judge.

Appellant, who voluntarily chose to represent himself at trial, appeals his conviction after jury trial of inmate possession of a weapon (a pocket knife), in violation of section 944.47(l)(c). He challenges the jury selection process employed in his case. However, since he failed to object timely below to the procedure followed, the issue he raises on appeal in this regard is not reviewable. United States v. Cole, 796 F.2d 380 (11th Cir.1986), cert. denied, — U.S. -, 107 S.Ct. 443, 93 L.Ed.2d 391 (1986); Castor v. State, 365 So.2d 701 (Fla.1978). He also challenges a jury instruction on the basis of his assertion that a pocket knife does not qualify as a weapon under section 944.47(l)(a)(5). Finding to the contrary, we determine that the jury instruction given in that regard does not constitute error.

AFFIRMED.

BOOTH and ZEHMER, JJ., concur.

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Bluebook (online)

521 So. 2d 382, 13 Fla. L. Weekly 686, 1988 Fla. App. LEXIS 1019, 1988 WL 20597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/staffins-v-state-fladistctapp-1988.

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