Florida District Courts of Appeal, 1988

Staffins v. State

Staffins v. State
Florida District Courts of Appeal · Decided March 15, 1988 · Booth, Wigginton, Zehmer
521 So. 2d 382; 13 Fla. L. Weekly 686; 1988 Fla. App. LEXIS 1019; 1988 WL 20597 (Southern Reporter, Second Series)

Staffins v. State

Opinion of the Court

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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