01-1982 COMESANA V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 01-1982 COMESANA V. STATE

Case Date: 12/11/2002

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002

DAMIAN COMESANA, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** CASE NO. 3D01-1982 LOWER TRIBUNAL NO. 98-21728 **

Opinion filed December 11, 2002. An appeal from the Circuit Court for Miami-Dade County, Lawrence A. Schwartz, Judge.

Peter Raben, for appellant. Richard E. Doran, Attorney Genera and Assistant Attorney General, for appellee. Linda S. Katz,

Before LEVY, GREEN, and SHEVIN, JJ.

PER CURIAM. We affirm appellant's conviction and sentence as we find any

claimed

error

on

the

challenged

evidentiary

rulings

to

be

invited and/or harmless.

See Czubak v. State, 570 So. 2d 925,

928 (Fla. 1990)(under invited error doctrine, party may not make or invite error and then take advantage of error on appeal); Phillips v. State, 739 So. 2d 632, 632 (Fla. 2d DCA

1999)(evidentiary issues were subject to harmless error analysis and not reversible when they did not affect the verdict).

2

Download 01-1982 COMESANA V. STATE.pdf