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Florida District Courts of Appeal, 1988

Aguilera v. State

Aguilera v. State
Florida District Courts of Appeal · Decided June 14, 1988 · Baskin, Nesbitt, Schwartz
526 So. 2d 217; 13 Fla. L. Weekly 1401; 1988 Fla. App. LEXIS 2417; 1988 WL 59454 (Southern Reporter, Second Series)

Aguilera v. State

Opinion of the Court

PER CURIAM.

Defense counsel’s specific agreement with the trial court’s determination not to *218instruct on an arguably necessarily lesser included offense in this non-capital case precludes raising the issue on appeal. Jones v. State, 484 So.2d 577 (Fla. 1986); Weyrick v. State, 485 So.2d 901 (Fla. 4th DCA 1986); compare Harris v. State, 438 So.2d 787 (Fla. 1983), cert. denied, 466 U.S. 963, 104 S.Ct. 2181, 80 L.Ed.2d 563 (opposite rule in capital case). On that basis, the appellant’s only contention may not be considered.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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