COSTADARYLL HUGHLEY
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-12-04
No. 19-3330
Sasso, J., Cohen, J., Eisnaugle, J., Beamer, Denise Kim
Florida District Court of Appeal, Fifth District (2020)

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Holding

Appellant's argument regarding the trial court's denial of his motion for judgment of acquittal was not preserved for appeal because the specific legal argument was not presented to the trial court.

Headnotes

[1] An argument in support of a motion for judgment of acquittal is not preserved for appellate review unless the specific legal argument or ground to be argued on appeal is…

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Key Quotes

“In order to be preserved for further review by a higher court, an issue must be presented to the lower court and the specific legal argument or ground to be argued on appeal or review must be part of that presentation if it is to be considered preserved.”

Citation to Tillman v. State regarding preservation of issues for appellate review
Facts & Procedural History

Costadaryll Hughley was convicted of trafficking in oxycodone and sale/delivery of hydromorphone. He appealed the judgment and sentence, raising argum…

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Topics
Trafficking In Oxycodone Preservation Of Issues For Appeal Motion For Judgment Of Acquittal Harmless Error Analysis

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Opinion of the Court
Sasso

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

COSTADARYLL HUGHLEY,

Appellant,

v. Case No. 5D19-3330

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed December 4, 2020

Appeal from the Circuit Court for Orange County, Denise Kim Beamer, Judge.

James S. Purdy, Public Defender, and Louis Rossi, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

SASSO, J.

Appellant, Costadaryll Hughley, appeals the judgment and sentence entered after he was convicted of trafficking in oxycodone and sale/delivery of hydromorphone. We affirm in all respects. As to Appellant’s argument that the trial court erred in denying his motion for judgment of acquittal, we conclude the specific argument raised on appeal was

AFFIRMED.

COHEN and EISNAUGLE, JJ., concur.

Footnotes
2 not preserved. See Tillman v. State, 471 So. 2d 32, 35 (Fla. 1985) (“In order to be preserved for further review by a higher court, an issue must be presented to the lower court and the specific legal argument or ground to be argued on appeal or review must be part of that presentation if it is to be considered preserved.”); Thompson v. State, 944 So. 2d 546, 549 (Fla. 4th DCA 2006) (holding that argument not made below in support of motion for judgment of acquittal was unpreserved). As to Appellant’s argument that the trial court erred in overruling the defense’s objection to the prosecutor’s misstatement of law, we conclude any error was harmless beyond a reasonable doubt.

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