Opinion
3D23-0634
10-16-2024
Samorie Felder, Appellant, v. The State of Florida, Appellee.
Rier Jordan, P.A. and Jonathan E. Jordan, for appellant. Ashley Moody, Attorney General, Linda Katz, Assistant Attorney General, for appellee.
Not final until disposition of timely filed motion for rehearing.
An Appeal from the Circuit Court for Miami-Dade County, Robert T. Watson, Judge. Lower Tribunal No. F21-14708
Rier Jordan, P.A. and Jonathan E. Jordan, for appellant.
Ashley Moody, Attorney General, Linda Katz, Assistant Attorney General, for appellee.
Before LOGUE, C.J., and FERNANDEZ, and MILLER, JJ.
PER CURIAM.
Affirmed. See Steiger v. State, 328 So.3d 926, 929 (Fla. 2021) ("[B]ased on the plain language of section 924.051(3), unpreserved claims of ineffective assistance of counsel cannot be raised or result in reversal on direct appeal because the statute requires the more demanding showing of fundamental error."); see also United States v. Howard, 80 F.3d 1194, 1199 (7th Cir. 1996); United States v. Jordan, 223 F.3d 676, 688 (7th Cir. 2000) (holding that if a tape is generally audible, but only partially inaudible, the inaudible portions may affect its weight, a determination to be left to the jury); Senser v. State, 243 So.3d 1003, 1011 (Fla. 4th DCA 2018) (holding a principals jury instruction is appropriate when evidence exists that another individual may have been involved in the underlying crime); Van Loan v. State, 736 So.2d 803, 804 (Fla. 2d DCA 1999) ("A trial court must read the definitions of excusable and justifiable homicide in all murder and manslaughter cases.").