From Casetext: Smarter Legal Research

Stewart v. State

District Court of Appeal of Florida, Third District
Dec 24, 2003
861 So. 2d 110 (Fla. Dist. Ct. App. 2003)

Opinion

No. 3D02-1358.

December 24, 2003.

An appeal from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge.

Bennett H. Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Consuelo Maingot, Assistant Attorney General, and Venus Zilieris, Certified Legal Intern, for appellee.

Before COPE, GODERICH and SHEPHERD, JJ.


Kelvin Stewart appeals his conviction for two counts of armed robbery and one count of armed burglary. We affirm.

First, the defense claims that the State knowingly offered false testimony at trial in violation of Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972), was never raised in the trial court and is not, in our view, fundamental error. This claim is thus not properly preserved for appellate review. See § 924.051, Fla. Stat. (2002).

Second, assuming for purposes of discussion that the claim had been preserved, it is clearly without merit. "To demonstrate perjury, [a party] must also show more than mere inconsistencies." Maharaj v. State, 778 So.2d 944, 956 (Fla. 2000) (citations omitted). The two witnesses whose testimony was in partial conflict both testified before the jury, and the question what weight or significance to give to the conflict was a matter for the jury to decide.

Affirmed.


Summaries of

Stewart v. State

District Court of Appeal of Florida, Third District
Dec 24, 2003
861 So. 2d 110 (Fla. Dist. Ct. App. 2003)
Case details for

Stewart v. State

Case Details

Full title:Kelvin STEWART, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Dec 24, 2003

Citations

861 So. 2d 110 (Fla. Dist. Ct. App. 2003)

Citing Cases

Mackey v. State

) (citation omitted). But see Stewart v. State, 861 So.2d 110, 111 (Fla. 3d DCA 2003) (defendant's claim that…