JOHN PETER BAGLIO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1985-02-20
No. 84-204
DOWNEY, HURLEY, and BARKETT, JJ., concur.
467 So. 2d 1030 Florida District Court of Appeal, Fourth District (1985) Caution
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant appeals his conviction and sentence for sexual battery. The primary error asserted is the denial of a motion to suppress the physical evidence obtained as a result of appellant’s allegedly unlawful arrest. Defendant’s motion to suppress was denied prior to trial. During trial, however, the physical evidence was admitted. Defense counsel not only failed to object but specifically stated that he had no objection to the admission of same. Accordingly, the right to appellate review of the issue has been waived. DeLuca v. State, 384 So. 2d 212 (Fla. 4th DCA 1980). The conviction and sentence are affirmed.

DOWNEY, HURLEY, and BARKETT, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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  • Johnson v. State, 537 So. 2d 117 (Fla. 1st DCA 1988)
    …of the paraphernalia into evidence, defense counsel stated that he had no objection to its admission, appellee cites in support thereof, Tennant v. State, 205 So. 2d 324 (Fla. 1st DCA 1967), cert. denied, 210 So. 2d 227 (1968), and Baglio v. State, 467 So. 2d 1030 (Fla. 4th DCA 1985). The facts in both these two cases, however, are distinguishable from those at bar. In Tennant, the defense first moved at the conclusion of the state's case to suppress a photograph from evidence. This court held the error was n…
  • Cordero v. State, 589 So. 2d 407 (Fla. 5th DCA 1991)
    …ew of this question has been waived because defense counsel below not only failed to object but specifically stated that she had no objection to the admission of the contraband. McKelton v. State, 528 So. 2d 123 (Fla. 5th DCA 1988); Baglio v. State, 467 So. 2d 1030 (Fla. 4th DCA 1985); Bonham v. State, 450 So. 2d 269 (Fla. 3d DCA 1984); Gilling v. State, 443 So. 2d 1024 (Fla. 5th DCA 1983). We do agree with appellant, however, that the trial court erred in denying his motion for a judgment of acquittal as to…
  • Dewayne Fripp v. State, 766 So. 2d 252 (Fla. 4th DCA 2000)
    …reserve the denial of his motion to suppress the cocaine for appellate review, because defense counsel stated “[n]o objection” when the state introduced the cocaine at trial. An identical preservation issue was before this court in Baglio v. State, 467 So. 2d 1030 (Fla. 4th DCA 1985). In that case, the defendant challenged the trial judge’s pretrial denial of a motion to suppress physical evidence on fourth amendment grounds. During trial, the evidence was admitted. This court held that appellate review of th…

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