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Velazquez v. State
Citations: 570 So. 2d 400; 1990 Fla. App. LEXIS 8795; 1990 WL 179107Docket: No. 89-0702
Court: District Court of Appeal of Florida; November 20, 1990; Florida; State Appellate Court
Appellant's conviction and sentence for attempted murder, including a mandatory minimum sentence for firearm use, is affirmed. The appellant did not timely object to the trial court's pre-trial instruction regarding the read back of testimony, resulting in this issue being unpreserved for appeal. However, the court reverses the conviction for improper display of a firearm, citing double jeopardy concerns based on Hall v. State, which remains relevant despite being superseded by statute, as the acts in question occurred before the new statute's effective date. The decision concludes with an affirmation in part and a reversal in part, with concurrence from the judges.