LOU JOSEPH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SHAHOOD, J.
We affirm appellant, Lou Joseph’s, conviction and sentence for burglary of an occupied dwelling. Appellant argues on appeal that the evidence presented was insufficient to prove beyond a reasonable doubt, that appellant was guilty of burglary of an occupied dwelling and his motion for judgment of acquittal should have been granted. This argument made on appeal was not preserved in the trial court and cannot be raised for the first time on appeal. See F.B. v. State, 816 So. 2d 699 (Fla. 4th DCA 2002)(citing State v. Barber, 301 So. 2d 7 (Fla.1974)). We affirm all other issues raised without comment.
AFFIRMED.
STEVENSON and HAZOURI, JJ„ concur.
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F.B. v. State, 852 So. 2d 226 (Fla. 2003)…ioner raised the claim for the first time on appeal, asserting fundamental error. The Fourth District held that under [*228] State v. Barber, 301 So. 2d 7 (Fla.1974), the issue must be preserved for appeal. 816 So. 2d at 701; accord Joseph v. State, 830 So. 2d 911, 911 (Fla. 4th DCA 2002) (citing F.B. and affirming burglary of occupied dwelling conviction because insufficient evidence claim was not preserved). Similarly, in the conflict case, T.E.J. argued for the first time on appeal that a delinquency adjud…
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- State v. Barber, 301 So. 2d 7 (Fla. 1974)
- F.B. v. State, 816 So. 2d 699 (Fla. 4th DCA 2002)