McCalister v. State

Supreme Court of Florida
McCalister v. State, 682 So. 2d 556 (Fla. 1996)
21 Fla. L. Weekly Supp. 492; 1996 Fla. LEXIS 1872; 1996 WL 648182
Anstead, Grimes, Harding, Kogan, Overton, Shaw, Wells

McCalister v. State

Opinion of the Court

PER CURIAM.

We have for review McCalister v. State, 664 So.2d 1149 (Fla. 3d DCA 1995), which expressly and directly conflicts with the opinion in Montague v. State, 656 So.2d 508 (Fla. 2d DCA 1995). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

We recently quashed the decision in Montague and held that a contemporaneous objection is necessary to preserve a Karchesky error for appellate review. State v. Montague, 682 So.2d 1085 (Fla. 1996). Therefore, we approve the decision below.

It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.

Reference

Full Case Name
Otis McCALISTER v. STATE of Florida
Status
Published