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Willard v. State

764 So. 2d 904, 2000 Fla. App. LEXIS 10252, 2000 WL 1133069
CourtDistrict Court of Appeal of Florida
DecidedAugust 11, 2000
DocketNo. 5D99-2737
StatusPublished

This text of 764 So. 2d 904 (Willard 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
Willard v. State, 764 So. 2d 904, 2000 Fla. App. LEXIS 10252, 2000 WL 1133069 (Fla. Ct. App. 2000).

Opinions

W. SHARP, J.

Willard appeals from his conviction and sentence for attempted second degree murder, following a jury trial. He argues there is no such offense as attempted second degree murder. We disagree, but we have certified that question to the Florida Supreme Court. See Brown v. State, 733 So.2d 598 (Fla. 5th DCA 1999), rev. granted, 744 So.2d 462 (Fla.1999). Because the question is unresolved at present, we certify the same question in this case.

Willard also argues he was denied a fair trial by the prosecutor’s improper remarks, which tended to bolster the testimony of a psychiatric witness because he also had a law degree. This enabled the expert to give a legal opinion, which was beyond his qualifications. We agree there was improper bolstering in this case, but the defense failed to object. Occhicone v. State, 570 So.2d 902, 905-906 (Fla.1990); Castor v. State, 365 So.2d 701, 703 (Fla.1978). The error was not fundamental, and thus we conclude since it was not preserved, it does not require reversal. Glendening v. State, 536 So.2d 212, 221 (Fla.1988).

AFFIRMED; Question CERTIFIED.

GRIFFIN, J., concurs. COBB, J., concurs specially with opinion.

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Related

Brown v. State
733 So. 2d 598 (District Court of Appeal of Florida, 1999)
State v. Wilson
680 So. 2d 411 (Supreme Court of Florida, 1996)
Gentry v. State
437 So. 2d 1097 (Supreme Court of Florida, 1983)
Castor v. State
365 So. 2d 701 (Supreme Court of Florida, 1978)
Occhicone v. State
570 So. 2d 902 (Supreme Court of Florida, 1990)
Watkins v. State
705 So. 2d 938 (District Court of Appeal of Florida, 1998)
Glendening v. State
536 So. 2d 212 (Supreme Court of Florida, 1988)
Harris v. State
674 So. 2d 110 (Supreme Court of Florida, 1996)
Stein v. Cigna Insurance Co.
744 So. 2d 462 (District Court of Appeal of Florida, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
764 So. 2d 904, 2000 Fla. App. LEXIS 10252, 2000 WL 1133069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willard-v-state-fladistctapp-2000.