Ricco v. State

Full title: ALFRED W. RICCO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 14, 1984

445 So. 2d 627 (Fla. Dist. Ct. App. 1984)

Opinion

No. 82-2571.

February 8, 1984. Rehearing Denied March 14, 1984.

Appeal from the Circuit Court, Broward County, John G. Ferris, J.

Dorothy M. Walker of Walker Vetrick, Belle Glade, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Lydia M. Valenti, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Defendant's conviction and sentence for manslaughter are affirmed on the authority of Dolan v. State, 85 So.2d 139 (Fla. 1956). In reaching this decision, we have also concluded that the state's use of the defendant's grand jury testimony did not constitute fundamental error. Consequently, the various errors assigned to this point cannot be asserted on appeal due to the defendant's failure to object properly at trial. See Castor v. State, 365 So.2d 701 (Fla. 1978).

ANSTEAD, C.J., and HURLEY and WALDEN, JJ., concur.