Davila v. State , 1998 Fla. App. LEXIS 11311 ( 1998 )


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  • PER CURIAM.

    The defendant, Robert Davila, appeals his judgments and sentences entered by the trial court after a jury found him guilty of armed robbery1 and two counts of burglary of a structure with assault.2 Mr. Davila’s claims of error appear to be meritorious; however, all but two issues were not preserved for appeal, and none of the waived issues constitute fundamental error. In the two issues preserved for appeal, Mr. Davila claims the trial court erred in allowing the prosecutor to cross-examine him regarding the circumstances of his termination of his employment. The trial court correctly ruled that Mr. Davi-la opened the door to such questioning when he testified during his direct examination that he voluntarily left his employment. See § 90.612(2), Fla. Stat. (1996); see also Coco v. State, 62 So.2d 892, 895 (Fla.1953).

    JUDGMENT and SENTENCE AFFIRMED.

    GRIFFIN, C.J., and DAUKSCH and ANTOON, JJ., concur.

    . § 812.13(2)(a), Fla. Stat. (1995).

    . § 810.02(2)(a), Fla. Stat. (Supp.1996).

Document Info

Docket Number: No. 97-1692

Citation Numbers: 716 So. 2d 855, 1998 Fla. App. LEXIS 11311, 1998 WL 558779

Judges: Antoon, Dauksch, Griffin

Filed Date: 9/4/1998

Precedential Status: Precedential

Modified Date: 10/18/2024