JAMES J. KOEDATICH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Appellant Koedatich was convicted of second-degree murder in the death of his roommate Robert Anderson following a sexual advance and argument. He appeals on Fourth Amendment grounds and claims ineffective assistance of counsel, but the court affirms his conviction.
The Fourth Amendment claims are procedurally barred because they were not raised at trial. The defendant was ably represented by counsel, and all other points on appeal lack merit.
[1] A Fourth Amendment challenge to a warrantless search, seizure, or arrest is waived if not raised by objection at trial.
[2] A defendant's claim of ineffective assistance of counsel is reviewed on appeal based on the record of the trial proceedings.
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Join FLexlaw to unlock all legal intelligence“It is well settled in Florida Jurisprudence that objections may not be raised for the first time on appeal, therefore, this argument cannot be considered by the court.”
Establishes the procedural bar to raising Fourth Amendment claims for the first time on appeal.
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Join FLexlaw to unlock all legal intelligenceKoedatich's roommate, Robert Anderson, allegedly made sexual advances toward Koedatich, resulting in an argument during which Koedatich killed Anderso…
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Appellant-defendant, James J. Koedatich, appeals from a judgment of conviction of second degree murder and sentence of twenty years based upon a jury verdict of guilty.
The record on appeal reveals that after arriving at his apartment, the decedent, Robert J. Anderson, allegedly made sexual advances toward his roommate, Koedatich. An argument occurred and defendant killed Anderson. Defendant told the story of the argument and the killing to one Marie Carr and she then related the incident to Frank Morris, a friend of Koeda-tich. Morris went to defendant’s apartment where he observed the deceased’s body and was told of the murder by defendant. Later Morris notified the Surf-side Police and two officers accompanied Morris back to the defendant’s apartment. Upon arriving at the apartment, Police Officer Cole tried the door but it was held *632fast by a chain. Cole tried to look into the apartment through the windows but he could not because the drapes were closed. The other officer then grabbed the door, broke the chain and all three men then entered the apartment. Defendant was in the apartment standing near the windows. He did not say anything when the officers entered or when they began looking for Anderson’s body. The police could not find the body until Morris told them to look in a particular closet, access to which was blocked by a bed. The body was discovered in the closet and defendant then tried to run from the apartment but he was caught, brought under custody and arrested.
Defendant contends that reversible error exists because his fourth amendment rights were violated due to the warrantless search of his apartment, the seizure of the deceased’s body, and warrantless arrest of defendant. These issues, however, were not the subject of objections at trial and no ruling was obtained from the court. It is well settled in Florida Jurisprudence that objections may not be raised for the first time on appeal, therefore, this argument cannot be considered by the court. Thomas v. State, Fla.App.1971, 249 So.2d 510; Reis v. State, Fla.App.1971, 248 So.2d 666; Mahone v. State, Fla.App.1969, 222 So.2d 769; Grays v. State, Fla.App.1969, 217 So.2d 133.
Defendant further charges that he was represented by ineffectual counsel at trial. We find defendant was ably represented. See, Bendelow v. United States, 418 F.2d 42 (5th Cir.1969); Odom v. United States, 377 F.2d 853 (5th Cir.1967); Biggs v. United States, 318 F.Supp. 212 (N.D.Fla.1970).
We have examined all of defendant’s remaining points on appeal and find them to be without merit. Accordingly, the judgment and sentence appealed herein are affirmed.
Affirmed.
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State v. Rusti H. Osvath, 661 So. 2d 1252 (Fla. 3d DCA 1995)…e, 309 So. 2d 215 (Fla. 3d DCA), cert, denied, 323 So. 2d 273 (Fla.1975); O’Berry v. Wainwright, 300 So. 2d 740 (Fla. 4th DCA 1974); Hernandez v. State, 273 So. 2d 130, 133 (Fla. 1st DCA), cert, denied, 277 So. 2d 287 (Fla.1973); Koedatich v. State, 263 So. 2d 631 (Fla. 3d DCA), cert, dismissed, 268 So. 2d 533 (Fla.1972); Dickenson v. State, 261 So. 2d 561 (Fla. 3d DCA 1972); Darrigo v. State, 243 So. 2d 171 (Fla. 2d DCA 1971); Davis v. State, 226 So. 2d 257 (Fla. 2d DCA 1969); Blotch v. State, 216 So. 2d 261…
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Porter v. State, 356 So. 2d 1268 (Fla. 3d DCA 1978)…review. Fuller v. State, 159 Fla. 200, 31 So. 2d 259 (1947); Fraterrigo v. State, 151 Fla. 634, 10 So. 2d 361 (1942); Robertson v. State, 94 Fla. 770, 114 So. 534 (1927); O’Berry v. Wainwright, 300 So. 2d 740 (Fla. 4th DCA 1974); Koedatich v. State, 263 So. 2d 631 (Fla. 3d DCA 1972); Dickenson v. State, 261 So. 2d 561 (Fla. 3d DCA 1972); Darrigo v. State, 243 So. 2d 171 (Fla. 2d DCA 1971); Davis v. State, 226 So. 2d 257 (Fla. 2d DCA 1969); Simpson v. State, 211 So. 2d 862 (Fla. 3d DCA 1968); Tennant v. State,…
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Koedatich v. State, 268 So. 2d 533 (Fla. 1972)…Certiorari dismissed. 263 So. 2d 631. ERVIN, Acting C. J., and CARLTON, ADKINS, BOYD and McCAIN, JJ., concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Odom v. United States, 377 F.2d 853 (5th Cir. 1967)
- Reis v. State, 248 So. 2d 666 (Fla. 3d DCA 1971)
- Bendelow v. United States, 418 F.2d 42 (5th Cir. 1969)
- Mahone v. State, 222 So. 2d 769 (Fla. 3d DCA 1969)
- Thomas v. State, 249 So. 2d 510 (Fla. 3d DCA 1971)
- Grays v. State, 217 So. 2d 133 (Fla. 3d DCA 1969)