ANTHONY POTTER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (12 total)

• Reed v. State, 783 So. 2d 1192 (Fla. 1st DCA 2001)
  …or erroneous instruction must be preserved for [*1197] appeal. See State v. Delva, 575 So. 2d 643, 644-645 (Fla.1991); see also Archer v. State, 673 So. 2d 17, 20 (Fla.1996); Geralds v. State, 674 So. 2d 96, 98-99 n. 6 (Fla.1996); Tolbert v. State, 679 So. 2d 816, 818 (Fla. 4th DCA 1996) (en banc). Even alleged errors in instruction that are asserted to mislead the jury concerning an element of the crime must be preserved for appeal. See Auger v. State, 725 So. 2d 1178, 1178-79 (Fla. 2nd DCA 1998); see also…
• Connolly v. State, 172 So. 3d 893 (Fla. 3d DCA 2015)
  …and argued below. Bertolotti v. Dugger, 514 So. 2d 1095, 1096 (Fla.1987) (“[T]o preserve an issue for appellate review, the specific legal argument or ground upon which it is based must be presented to the trial court.”); see also Tolbert v. State, 679 So. 2d 816, 818 (Fla. 4th DCA 1996) (en banc) (finding that, although a necessary element of the lesser included offense was not alleged in the information, the defendant’s objections were not specific enough to preserve the issue for appellate review); Wilson…
• Cardenas v. State, 816 So. 2d 724 (Fla. 1st DCA 2002)
  …y instruction, without stating the specific grounds for the objection, does not preserve for appellate review the issue of whether the instruction was given in error. See Esty v. State, 642 So. 2d 1074, 1079-80 (Fla.1994); see also Tolbert v. State, 679 So. 2d 816, 818 (Fla. 4th DCA 1996)(en banc). Because the Miles argument now presented on appeal was not the basis of the defense objection to the impairment presumption instruction in the trial court, we have considered whether the giving of the impairment p…

Authorities Cited

• Moran Hatcher v. State, 679 So. 2d 27 (Fla. 4th DCA 1996)