Williams v. State

Full title: TIMOGEAN J. WILLIAMS, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Apr 10, 2002

812 So. 2d 609 (Fla. Dist. Ct. App. 2002)

Opinion

No. 1D01-3201.

April 10, 2002.

An appeal from an order of the Circuit Court for Escambia County. Thomas T. Remington, Judge.

Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Karen M. Holland, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED. See Sanders v. State, 765 So.2d 778 (Fla. 1st DCA 2000) (holding that failure to prove an essential element of an offense does not constitute fundamental error which may be raised for the first time on appeal), rev. granted, 789 So.2d 348 (Fla. 2001), rev. dismissed as improvidently granted, 796 So.2d 533 (Fla. 2001) (declining to find conflict with T.E.J. v. State, 749 So.2d 557 (Fla. 2d DCA 2000); Stanton v. State, 746 So.2d 1229 (Fla. 3d DCA 1999); and Brown v. State, 652 So.2d 877 (Fla. 5th DCA 1995)).

DAVIS, PADOVANO and LEWIS, JJ., concur.