Florida District Courts of Appeal, 1994

Ashley v. State

Ashley v. State
Florida District Courts of Appeal · Decided September 28, 1994 · Barkdull, Gersten, Goderich
642 So. 2d 837; 1994 Fla. App. LEXIS 9299; 1994 WL 523664 (Southern Reporter, Second Series)

Ashley v. State

Opinion of the Court

PER CURIAM.

“Under the invited-error doctrine, a party may not make or invite error at trial and then take advantage of the error on appeal.” Czubak v. State, 570 So.2d 925, 928 (Fla. 1990). In the instant case, if any error was committed in honoring the defendant’s demand for speedy trial, the defendant clearly invited the error. Therefore, the defendant can not take advantage on appeal of the situation he created at trial. White v. State, 446 So.2d 1031, 1036 (Fla. 1984); McCrae v. State, 395 So.2d 1145 (Fla. 1980), cert. denied, 454 U.S. 1041, 102 S.Ct. 583, 70 L.Ed.2d 486 (1981).

Affirmed.

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