ALIYEV v. STATE

No. 4D02-574.

835 So.2d 1232 (2003)

Azerkhan R. ALIYEV, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 29, 2003.


Attorney(s) appearing for the Case

Patrick C. Rastatter of Glass & Rastatter, P.A., Fort Lauderdale, for appellant.

Charlie Crist, Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.


STONE, J.

We affirm Azer Khan Aliyev's conviction and sentence for the offense of welfare fraud. We address two issues: whether there was fundamental error in instructing the jury, and whether Aliyev's due process rights were violated in sentencing.

Aliyev, an immigrant from Azerbaijan, proceeded to trial on the theory that because his native language is Russian, he did not understand the requirement that he report a change in his employment status to the...

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