OLIVER v. STATE

No. 79-856.

379 So.2d 143 (1980)

Edgar E. OLIVER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 15, 1980.


Attorney(s) appearing for the Case

Edgar E. Oliver, in pro. per.

Jim Smith, Atty. Gen., for appellee.

Before HAVERFIELD, C.J., and PEARSON and HENDRY, JJ.


HENDRY, Judge.

The major issue raised by this appeal is whether the appellant, who failed to present or preserve any issue below with respect to a statute of limitations, can now assert the applicability of a statute of limitations for the crime for which he pleaded nolo contendere. We find that appellant is estopped to make such a claim. Oliver was originally charged with first degree murder, a capital offense having no statute of limitations. Thereafter appellant...

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