EDMUND A. MCKELTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ORFINGER, Judge.
Edmund McKelton appeals his conviction for trafficking in cocaine, raising as his sole point that the trial court erred in denying his motion to suppress evidence which he contended was seized in violation of his Fourth Amendment rights. Defendant’s motion to suppress was denied prior to the commencement of the trial. During trial, the evidence was introduced by the State, with defense counsel stating that he had no objection to its introduction. The failure to object at trial to the admission of evidence which defendant had unsuccessfully moved to suppress prior to trial waives appellate review of that issue. Baglio v. State, 467 So. 2d 1030 (Fla. 4th DCA 1985); Bonham v. State, 450 So. 2d 269 (Fla. 3d DCA 1984); DeLuca v. State, 384 So. 2d 212 (Fla. 4th DCA 1980). Accordingly, the judgment of conviction is
AFFIRMED.
SHARP, C.J., and COBB, J., concur.
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Trevino O. Haynes v. L.F. Lloyd, 533 So. 2d 944 (Fla. 5th DCA 1988)…the substance on the floor existed for a sufficient length of time to charge [the defendant] with constructive knowledge.” See also Food Fair Stores of Florida, Inc. v. Patty, 109 So. 2d 5 (Fla.1959) and the dissent in Lantz v. Sears, Roebuck & Co., 528 So. 2d 123 (Fla. 5th DCA 1988). . The landlord testified on deposition that he had an employee named Hezikiah, who picked up around the apartments every morning, five days a week. As evidence that the glass was on the ground a period of time long enough to im…
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Cordero v. State, 589 So. 2d 407 (Fla. 5th DCA 1991)…sting question. We find, however, that appellate review 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…
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J.L.A. v. State, 707 So. 2d 380 (Fla. 5th DCA 1998)…ed for appeal. Terry v. State, 668 So. 2d 954, (Fla.1996) (citing Robertson v. State, 94 Fla. 770, 775, 114 So. 534, 536 (1927)). Raising the issue in closing argument after the cocaine was admitted did not preserve the issue. Cf. McKelton v. State, 528 So. 2d 123 (Fla. 5th DCA 1988) (failure to object at trial to admission of evidence after pretrial denial of motion to suppress waives appellate review of issue). Accordingly, J.L.A’s adjudication and sentence are affirmed. AFFIRMED. GOSHORN and PETERSON, JJ…
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- Bonham v. State, 450 So. 2d 269 (Fla. 3d DCA 1984)
- DeLUCA v. State, 384 So. 2d 212 (Fla. 4th DCA 1980)
- Baglio v. State, 467 So. 2d 1030 (Fla. 4th DCA 1985)