ALLEN v. STATE

No. 4D04-954.

939 So.2d 273 (2006)

DELRIO LAVIEL ALLEN, Appellant, v. STATE OF FLORIDA, Appellee.

District Court of Appeal of Florida, Fourth District.

October 18, 2006.


Attorney(s) appearing for the Case

Alexander R. Brumfield of Alexander R. Brumfield, III, P.A., West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.


GROSS, J.

We reject the claim that the trial judge committed fundamental error when he inadvertently misstated the name of a charged crime during his oral instructions to the jury. Viewing the trial as a whole, instead of isolating on the judge's slip of the tongue, we conclude that no fundamental error occurred.

In a two-count information, the state charged Delrio Allen with burglary of a dwelling and petit theft.

The evidence at Allen's jury trial...

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