DAVENPORT v. STATE

No. 3D04-1541.

914 So.2d 1004 (2005)

Rayon DAVENPORT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 30, 2005.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Shannon P. McKenna, Assistant Public Defender, for appellant.

Charles J. Christ, Jr., Attorney General, and John D. Barker, Assistant Attorney General, for appellee.

Before RAMIREZ, SUAREZ, and CORTIÑAS, JJ.


RAMIREZ, J.

Rayon Davenport appeals his judgment of conviction and sentence underlying which is the trial court's denial of his motion to continue trial. Because Davenport failed to exercise due diligence to ensure the presence of a subpoena witness at trial and preserve for appellate review the issue of whether the trial court erroneously excluded witness testimony about the victim's violent character, we affirm.

Defense counsel served a potential witness...

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