RODAS v. STATE

No. 4D07-26.

967 So.2d 444 (2007)

Valentin RODAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 7, 2007.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and James W. McIntire, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee.


GROSS, J.

We write to address one issue—whether fundamental error occurred when the trial judge allowed a bailiff to orally transmit the court's instruction on the law from the court to the deliberating jury. We conclude that the error was not fundamental. Because the defendant did not timely object in the trial court, before the error occurred, he did not preserve the error for appeal.

Valentin Rodas was charged with interfering with the custody of...

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