Florida District Courts of Appeal, 2016

Sirmones v. State

Sirmones v. State
Florida District Courts of Appeal · Decided November 14, 2016 · Lewis, Osterhaus, Wolf
204 So. 3d 968; 2016 Fla. App. LEXIS 16913 (Southern Reporter, Third Series)

Sirmones v. State

Opinion of the Court

PER CURIAM.

AFFIRMED. Waters v. State, 174 So.3d 434 (Fla. 1st DCA 2015) (citing to Armstrong v. State, 579 So.2d 734, 735 (Fla. 1991) (holding that fundamental error can be waived when defense counsel requests an erroneous jury instruction)).

LEWIS and OSTERHAUS, JJ., concur. WOLF, J., dissents.

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