B.M., A CHILD
v.
STATE OF FLORIDA
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An error must reach the validity of the trial itself to justify reversal in the absence of timely objection.
[1] An error not timely objected to at trial may only justify reversal if it is of such fundamental nature that it reaches the validity of the trial itself and a guilty verdi…
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Join FLexlaw to unlock all legal intelligence“[I]n order to be of such fundamental nature as to justify a reversal in the absence of timely objection the error must reach down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error.”
Standard for fundamental error review
B.M., a child, appealed a judgment from the Circuit Court for Miami-Dade County.…
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Third District Court of Appeal State of Florida
Opinion filed June 11, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D25-2030 Lower Tribunal No. J24-1220
B.M., a child, Appellant,
vs.
State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Orlando A. Prescott, Judge.
Carlos J. Martinez, Public Defender, and Amy Weber, Assistant Public Defender, for appellant.
James Uthmeier, Attorney General, and Jason Michael Ross, for appellee.
Before SCALES, C.J., and LOGUE and LOBREE, JJ.
PER CURIAM.
Affirmed. See Brown v. State, 124 So. 2d 481, 484 (Fla. 1960) (“[I]n order to be of such fundamental nature as to justify a reversal in the absence of timely objection the error must reach down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error.").