Antoine Dourice Sirmones vs State of Florida

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ANTOINE DOURICE SIRMONES, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D15-1901 v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed November 14, 2016. An appeal from the Circuit Court for Bradford County. Robert Groeb, Judge. Nancy A. Daniels, Public Defender and Pamela D. Presnell, Assistant Public Defender, for Appellant. Pamela Jo Bondi, Attorney General and Julian E. Markham, Assistant Attorney General, for Appellee. PER CURIAM. AFFIRMED. Waters v. State, 174 So. 3d 434 (Fla. 1st DCA 2015) (citing to Armstrong v. State, 579 So. 2d 734, 735 (Fla. 1991) (holding that fundamental error can be waived when defense counsel requests an erroneous jury instruction)). LEWIS and OSTERHAUS, JJ., CONCUR. WOLF, J., DISSENTS.

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