TONY ALVAREZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
On January 7, 1981, we filed an opinion reversing appellant’s conviction of possession of more than 100 pounds of marijuana. The State filed a motion for rehearing. While considering that motion, we determined that appellant failed to object at trial to the introduction into evidence of materials he had sought to have suppressed before trial.
Because of appellant’s failure to object, and because the remaining points on appeal have no merit, we grant the motion for rehearing, vacate the opinion filed January 7, 1981, and affirm the judgment and sentence. Castor v. State, 365 So. 2d 701 (Fla.1978); Clark v. State, 363 So. 2d 331 (Fla.1978); Weisz v. State, 392 So. 2d 22 (Fla. 4th DCA 1980); German v. State, 379 So. 2d 1013 (Fla. 4th DCA 1980), cert. denied, 388 So. 2d 1113 (Fla.1980); Kiddy v. State, 378 So. 2d 1332 (Fla. 4th DCA 1980), cert. denied, 388 So. 2d 1115 (Fla.1980).
DOWNEY and GLICKSTEIN, JJ., and FUTCH, M. DANIEL, Jr., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Hubbard v. State, 411 So. 2d 1312 (Fla. 1st DCA 1981)…d for appellate review. To support that position, we cited an earlier opinion of this Court, Holland v. State, 400 So. 2d 767 (Fla. 1st DCA 1981). However, since our initial opinion was released, the earlier Holland opinion was vacated on rehearing, 400 So. 2d 768 (Fla. 1st DCA 1981), with the Court holding that a colloquy in the record there sufficiently preserved the failure to give a requested instruction for appellate review. The verbal exchange between judge and counsel in Holland is similar to what occu…
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Gaines v. State, 406 So. 2d 523 (Fla. 4th DCA 1981)…of the propriety of the admission of the challenged evidence and satisfy the contemporaneous objection rule. Compare Fraterrigo v. State, 151 Fla. 634, 10 So. 2d 361 (Fla.1942); Robertson v. State, 94 Fla. 770, 114 So. 534 (1927); Alvarez v. State, 400 So. 2d 768 (Fla. 4th DCA 1981); Witt v. State, 388 So. 2d 1 (Fla. 4th DCA 1980); DeLuca v. State, 384 So. 2d 212 (Fla. 4th DCA 1980); Kiddy v. State, 378 So. 2d 1332 (Fla. 4th DCA 1980); Jones v. State, 360 So. 2d 1293 (Fla. 3d DCA 1978); Stanley v. State, 357…
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D.J.C. v. State, 400 So. 2d 830 (Fla. 3d DCA 1981)…, Harkins v. State, 380 So. 2d 524 (Fla. 5th DCA 1980) (where identity is an issue, relevant evidence is admissible); Henderson v. State, 304 So. 2d 537 (Fla.3d DCA 1974) (evidence admissible when identity is major issue). See also Alvarez v. State, 400 So. 2d 768 (Fla. 4th DCA 1981) (Case No. 79-1546, opinion filed May 27, 1981) (failure to object at trial to introduction of materials sought to have been suppressed in pretrial motion fails to preserve issue for review); Jones v. State, 360 So. 2d 1293 (Fla.3…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- Castor v. State, 365 So. 2d 701 (Fla. 1978)
- Clark v. State, 363 So. 2d 331 (Fla. 1978)
- German v. State, 379 So. 2d 1013 (Fla. 4th DCA 1980)
- Kiddy v. State, 378 So. 2d 1332 (Fla. 4th DCA 1980)
- Weisz v. State, 392 So. 2d 22 (Fla. 4th DCA 1980)