MICHAEL ERVIN KIDDY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the information was sufficient and the evidence was admissible, affirming the conviction.
Appellant was convicted of possession of over one hundred pounds of cannabis. He challenged the sufficiency of the information and the legality of the…
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PER CURIAM.
The appellant was convicted of possession of cannabis in excess of one hundred pounds. Initially, appellant contends that the information filed against him was defective and that the trial court erred in denying his motion to dismiss. We believe the information, which cited the specific section of the statutes involved, was sufficient under our holding in Bass v. State, 263 So. 2d 611 (Fla. 4th DCA 1972).
Appellant also contends that the trial court erred in admitting into evidence substantial quantities of cannabis which, according to appellant, were seized as a result of an illegal roadblock stop and two subsequent illegal searches. However, our review of the record reflects an adequate evidentiary basis for the trial court’s finding that the initial search of appellant’s vehicle was conducted with his consent. See St. John v. State, 363 So. 2d 862 (Fla. 4th DCA 1978). In addition, although appellant complains of a second search of certain sealed boxes found to contain cannabis, the trial record contains evidence indicating that numerous bales of cannabis in an amount sufficient to sustain appellant’s conviction were also found-in appellant’s vehicle. We also note that the trial transcript fails to demonstrate that the appellant renewed his objections to the evidence at trial after his earlier motions to suppress were denied. For that reason, appellant has failed to preserve such objections for appellate purposes. Jones v. State, 360 So. 2d 1293 (Fla. 3d DCA 1978).
We have reviewed the other points raised by appellant and find no merit therein. Accordingly, the judgment and sentence are hereby affirmed.
ANSTEAD and LETTS, JJ., and POWELL, ROM, Associate Judge, concur.
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Roban v. State, 384 So. 2d 683 (Fla. 4th DCA 1980)…contemporaneously with admission of the contested evidence constitutes a waiver of the right to appellate review of an alleged error, even though issues of constitutional dimension are claimed to exist. 360 So. 2d at 1296. See also: Kiddy v. State, 378 So. 2d 1332 (Fla. 4th DCA 1980). Appellants’ second point has merit. If a state witness makes any comment upon a defendant’s exercise of his right to remain silent and the trial court (upon timely motion by defense counsel) does not grant a mistrial, the court…
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German v. State, 379 So. 2d 1013 (Fla. 4th DCA 1980)…, 360 So. 2d 1293 (Fla. 3rd DCA 1978), that the appellant’s failure to contemporaneously object to a medical examiner’s testimony waived appellate review of the issue, even though a pretrial motion to suppress had been made. See also Kiddy v. State, 378 So. 2d 1332 (Fla. 4th DCA 1980). In this regard, the Jones Court stated: Failure to renew an objection at trial contemporaneously with admission of the contested evidence constitutes a waiver of the right to appellate review of an alleged error, even though is…
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Isidro Rodriguez v. State, 433 So. 2d 1273 (Fla. 3d DCA 1983)…rve the issue. Fraterrigo v. State, 151 Fla. 634, 10 So. 2d 361 (Fla.1942); Robertson v. State, 94 Fla. 770, 114 So. 534 (Fla.1927); Witt v. State, 388 So. 2d 1 (Fla. 4th DCA 1980); Roban v. State, 384 So. 2d 683 (Fla. 4th DCA 1980); Kiddy v. State, 378 So. 2d 1332 (Fla. 4th DCA 1980); Stanley v. State, 357 So. 2d 1031 (Fla. 3d DCA 1978); Jones v. State, 360 So. 2d 1293 (Fla. 3d DCA 1978); Tennant v. State, 205 So. 2d 324 (Fla. 1st DCA 1967). See Castor v. State, 365 So. 2d 701 (Fla.1978); Clark v. State, 363…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Blowers v. Williams, 360 So. 2d 1293 (Fla. 1st DCA 1978)
- Jones v. State, 360 So. 2d 1293 (Fla. 3d DCA 1978)
- ST. John v. State, 363 So. 2d 862 (Fla. 4th DCA 1978)
- Bass v. State, 263 So. 2d 611 (Fla. 4th DCA 1972)