PICKETT v. STATE

No. 3D10-3362.

109 So.3d 841 (2013)

Fredric F. PICKETT, Jr., Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 6, 2013.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Michael T. Davis , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Linda S. Katz , Assistant Attorney General, for appellee.

Before EMAS and LOGUE, JJ., and SCHWARTZ, Senior Judge.


EMAS, J.

Frederic Pickett appeals the trial court's denial of his motion for new trial on the charge of witness tampering, contending that the jury was improperly instructed on a theory of the crime not charged in the information, and that this unpreserved error is fundamental, requiring a new trial. We affirm.

The evidence at trial established that on March 5, 2009, Pickett and Crystal Hawkins were arguing in Hawkins' house. The argument escalated, and Hawkins...

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