JEROME HART, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JEROME HART, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
710 So. 2d 1047
Florida District Court of Appeal, Third District (1998)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Jerome Hart appeals his conviction for burglary of an unoccupied conveyance and the order of restitution. We find no trial error and affirm the conviction.
Defendant-appellant contends that the evidence is insufficient to support the $500 restitution order. This claim is not properly preserved for appellate review, because it was not presented in the first instance in the trial court. See § 924.051(3), Fla. Stat. (Supp.1996). Loring v. State, 674 So. 2d 165, 168 (Fla. 4th DCA 1996); Gliszczynski v. State, 654 So. 2d 579, 580 (Fla. 5th DCA 1995); Bayer v. State, 597 So. 2d 870, 871-72 (Fla. 5th DCA 1992).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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J.R.V. v. State, 715 So. 2d 1135 (Fla. 5th DCA 1998)…ntion the issue. Because the trial court was not apprised of the argument below, the issue is precluded from appellate review. See Latiif v. State, 711 So. 2d 241 (Fla. 5th DCA 1998); § 924.051(1)(b), Fla. Stat. (1996 Supp.). See also Hart v. State, 710 So. 2d 1047 (Fla. 3d DCA 1998). Second, appellant, then represented by counsel, did not move to withdraw his plea because he was denied his right to assistance of counsel. Allegations two and eight of his motion merely say that he entered a plea without counsel…
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Caro v. Fla. Unemployment Appeals Comm'n, 734 So. 2d 1077 (Fla. 1st DCA 1999)…ion 443.036(26), Florida Statutes' (1997). Thus, there is no factual basis on this record to find her guilty of misconduct as defined in section 443.036(26). See Washington, 567 So. 2d at 422-23; see also School Board of Miami-Dade County v. Sutton, 710 So. 2d 1047 (Fla. 3d DCA 1998); and Fontaine v. Hillsborough County School Bd., 709 So. 2d 642 (Fla. 2d DCA 1998). Accordingly, the cause is REVERSED and REMANDED for entry of an award of benefits. BOOTH and BENTON, JJ„ CONCUR.…
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Book v. Unemployment Appeals Comm'n & Sec. Nat'l Ins. Co., 744 So. 2d 1146 (Fla. 4th DCA 1999)…. at 1078. Acknowledging that the teacher should have taken the test earlier, the First District refused to uphold the denial of benefits based on her “poor judgment.” Id. Similar holdings were reached in School Board of Miami-Dade County v. Sutton, 710 So. 2d 1047 (Fla. 3d DCA 1998), where the court held that a teacher’s failure to become eligible for a permanent teaching certificate did not amount to misconduct disqualifying him from unemployment compensation benefits; and Fontaine v. Hillsborough County Sch…
Authorities Cited
- Estep v. State, 597 So. 2d 870 (Fla. 2d DCA 1992)
- Gliszczynski v. State, 654 So. 2d 579 (Fla. 5th DCA 1995)
- Loring v. State, 674 So. 2d 165 (Fla. 4th DCA 1996)