JOSE DAVID PORTELA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1995-10-18
No. 95-322
Before BASKIN, COPE and GERSTEN, JJ.
661 So. 2d 932 Florida District Court of Appeal, Third District (1995) Positive Treatment
Cited by 19 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Jose David Pórtela appeals his convictions of false imprisonment and sexual battery with a deadly weapon. He asserts that his peremptory challenge of a juror was improperly overruled. We conclude that the point was not properly preserved for appellate review because defendant “accepted the jury immediately prior to its being sworn without reservation of his earlier-made objection.” Joiner v. State, 618 So. 2d 174,176 (Fla.1993); see also Cruz v. State, 660 So. 2d 792 (Fla. 3d DCA 1995).

Affirmed.


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Cited By (11 total)

  • Melara v. Cicione, 712 So. 2d 429 (Fla. 3d DCA 1998)
    …ection); Stripling v. State, 664 So. 2d 2, 3 (Fla. 3d DCA 1995) (defendants claimed error of trial court’s restriction of voir dire inquiry not preserved where he failed to renew objection prior to the swearing of the [*431] jury); Portela v. State, 661 So. 2d 932, 932 (Fla. 3d DCA 1996) (defendant’s objection that his peremptory challenge was improperly overruled was not properly preserved where it was not renewed prior to jury being sworn). Since an improper reference to insurance matters in civil proceedin…
  • Maultsby v. State, 688 So. 2d 1010 (Fla. 3d DCA 1997)
    …served for appellate review where Maultsby accepted the panel by failing to renew his objection prior to the jury being sworn. See Melbourne v. State, 679 So. 2d 759, 765 (Fla.1996); Joiner v. State, 618 So. 2d 174, 176 (Fla.1993); Portela v. State, 661 So. 2d 932, 932 (Fla. 3d DCA 1995); Cruz v. State, 660 So. 2d 792, 793 (Fla. 3d DCA 1995), rev. denied, 667 So. 2d 774 (Fla.1996). Affirmed. . State v. Slappy, 522 So. 2d 18 (Fla.), cert, denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988).…
  • …sonable. This is especially true here because the amended restrictive covenants run with the land and the ambiguity in the declaration of amended restrictive covenants places a cloud on the titles of the Homeowners’ lots. See Caulk v. Orange County, 661 So. 2d 932, 933 (Fla. 5th DCA 1995) (defining a covenant running with the land as one which binds the heirs and assigns of a covenantor). The Homeowners also alleged that they purchased their lots prior to the creation of the HHPOA and thus were only subject…

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