CORY KELSER
v.
STATE OF FLORIDA
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An issue not presented to the trial court in a motion to suppress or corresponding hearing is not properly preserved for appellate review.
[1] An issue is not properly preserved for appellate review when it is never presented to the trial court in a motion to suppress or in the corresponding suppression hearing.
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Join FLexlaw to unlock all legal intelligence“an issue never presented to the trial court in a motion to suppress or in the corresponding hearing is not properly preserved for appellate review”
Court's citation to Perez v. State, noting the preservation requirement
Cory Kelser appealed a decision from the Circuit Court for Escambia County. The specifics of the underlying criminal charges are not detailed in this …
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December 27, 2018 PER CURIAM. AFFIRMED. See Perez v. State, 919 So. 2d 347, 359 (Fla. 2005) (noting that an issue never presented to the trial court in a motion to suppress or in the corresponding hearing is not properly preserved for appellate review). OSTERHAUS, WINOKUR, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Andy Thomas, Public Defender, and Laurel Cornell Niles, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Barbara Debelius, Assistant Attorney General, Tallahassee, for Appellee.