J.C., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1999-01-08
No. 98-1971
DAUKSCH and GOSHORN, JJ., and ORFINGER, M., Senior Judge, concur.
722 So. 2d 982 Florida District Court of Appeal, Fifth District (1999) Positive Treatment
Cited by 9 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

After the trial court adjudged appellant to be guilty of grand theft of an automobile, his counsel moved for judgment of acquittal on various grounds. The motion was denied. On appeal, appellant now contends that judgment of acquittal was mandated because the state never proved appellant’s specific intent to commit the crime. However, the issue now raised was not one of the grounds asserted before the trial court, and thus has not been preserved for appeal. For an issue to be preserved for appeal, it must be pre sented to the lower court and the specific legal argument or ground to be argued on appeal must be part of that presentation if it is to be considered preserved. Archer v. State, 618 So. 2d 446, 448 (Fla.1993); Tillman v. State, 471 So. 2d 32, 35 (Fla.1985).

AFFIRMED.

DAUKSCH and GOSHORN, JJ., and ORFINGER, M., Senior Judge, concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Gourley v. State, 787 So. 2d 184 (Fla. 5th DCA 2001)
    …e 3.850 motions and one prior motion to correct sentence. He also has filed several habeas corpus petitions.1 Enough is enough. See, e.g ., Rahymes v. State, 730 So. 2d 420 (Fla. 5th DCA), appeal dismissed, 733 So. 2d 516 (Fla.1999); Werts v. State, 722 So. 2d 982 (Fla. 5th DCA 1999); Davis v. State, 705 So. 2d 133 (Fla. 5th DCA 1998). Defendant is warned that filing any additional successive and frivolous pro se petitions or appeals attacking his 1972 conviction and sentence will result in the issuance of an…
  • B.M. v. State, 744 So. 2d 505 (Fla. 5th DCA 1999)
    …defendant, T.F., cannot complain of the identical issue on appeal for lack of preservation in the trial court. T.F. v. State, 734 So. 2d 601, 1999 WL 445717 (Fla. 5th DCA 1999). See also Tillman v. State, 471 So. 2d 32, 35 (Fla.1985); J.C. v. State, 722 So. 2d 982, 983 (Fla. 5th DCA 1999). If the loss proposal were objectionable on hearsay grounds, equivalent competent evidence was likely available to establish the amount of the loss had the objection been made. B.M., unlike his co-defendant, T.F., relies on…
  • Medberry v. State, 824 So. 2d 1058 (Fla. 5th DCA 2002)
    …nd found no merit to his response, and because Medberry has repeatedly abused the judicial system in this regard, he qualifies for this court’s “enough is enough” rule. See, e.g., Gourley v. State, 820 So. 2d 993 (Fla. 5th DCA 2002); Werts v. State, 722 So. 2d 982 (Fla. 5th DCA 1999); Davis v. State, 705 So. 2d 133 (Fla. 5th DCA 1998).2 Accordingly, we prohibit Daniel C. Med-berry from filing any additional pro se appeals, pleadings, motions and petitions relating to Ninth Judicial Circuit Court Case No. CR9…

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