NESTOR A. GARCIA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2001-10-24
Nos. 3D00-3163, 3D00-3394
Before COPE and GERSTEN, JJ., and NESBITT, Senior Judge.
800 So. 2d 289 Florida District Court of Appeal, Third District (2001) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the burglary conviction of defendant-appellant Nestor A. Garcia.

On the first issue, we reject the claim of error. It does not appear that the argument now made on appeal was clearly presented to the trial judge. See Castor v. State, 365 So. 2d 701, 703 (Fla.1978).

As to the defendant’s second and third points, we conclude that the trial court acted within discretion in excluding evidence of claimed prior bad acts by the victim. See Chaudoin v. State, 707 So. 2d 813 (Fla. 5th DCA 1998).

We find no error in the scope of the Richardson* hearing and the trial court’s rulings thereunder. Affirmed.

*

Richardson v. State, 246 So. 2d 771 (Fla.1971).


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  • Cooper v. Gress, 854 So. 2d 262 (Fla. 1st DCA 2003)
    …custody”); Zediker, . 444 So. 2d at 1034. The parties’ failure to communicate with each other, without some other material, unanticipated change since the final judgment, is not a proper legal ground for modifying custody. See Perdices v. Perdices, 800 So. 2d 289, 291 (Fla. 3d DCA 2001) (holding trial court abused its discretion in modifying custody based on sole allegation that parents’ ability to cooperate with each other had deteriorated, which did not constitute substantial change in circumstances); Boar…
  • Ogilvie v. Ogilvie, 954 So. 2d 698 (Fla. 1st DCA 2007)
    …ir, 884 So. 2d 1169, 1172-73 (Fla. 2d DCA 2004); Agranoff v. Agranoff, 882 So. 2d 1085, 1086 (Fla. 2d DCA 2004); Ward v. Ward, 874 So. 2d 634, 638 (Fla. 3d DCA 2004); Burger v. Burger, 862 So. 2d 828, 831-32 (Fla. 2d DCA 2003); Perdices v. Perdices, 800 So. 2d 289, 290 (Fla. 3d DCA 2001); Muniz v. Muniz, 789 So. 2d 370, 371-72 (Fla. 3d DCA 2001); Goodmon v. Goodmon, 779 So. 2d 490, 491 (Fla. 2d DCA 2000); Young v. Young, 732 So. 2d 1133, 1134 (Fla. 1st DCA 1999); Metcalfe v. Metcalfe, 655 So. 2d 1251, 1253 (F…
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