C.S.V., A JUVENILE v. THE STATE OF FLORIDA
This text of C.S.V., A JUVENILE v. THE STATE OF FLORIDA (C.S.V., A JUVENILE v. THE STATE OF FLORIDA) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed July 19, 2023. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-773 Lower Tribunal No. 21-796A ________________
C.S.V., a juvenile, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Orlando A. Prescott, Judge.
Carlos J. Martinez, Public Defender, and Andrew Stanton, Special Assistant Public Defender, for appellant.
Ashley Moody, Attorney General, and Katryna Santa Cruz, Assistant Attorney General, for appellee.
Before FERNANDEZ, HENDON, and GORDO, JJ.
HENDON, J. C.S.V., a juvenile, appeals from a final order adjudicating him
delinquent for possession of a firearm by a minor (Count 1), resisting an
officer without violence (Count 2), and carrying a concealed firearm (Count
3), and from the disposition order. As the specific issue raised on appeal
was not preserved for appellate review, we affirm as set forth herein.
C.S.V. contends the trial court erred by denying his motion to
suppress the firearm found in his backpack, and therefore, this Court
should reverse and remand with directions to discharge him on Count 1
(possession of a firearm by a minor) and Count 3 (carrying a concealed
firearm). In making this argument, C.S.V. asserts that the warrantless
search of his backpack exceeded the scope of a search incident to arrest
because the search occurred when the police officer had exclusive control
of the backpack and while he (C.S.V.) was sitting handcuffed in the back of
a police vehicle.
This particular argument was not preserved for appellate review. See
Hall v. State, 92 So. 3d 223, 225-26 (Fla. 4th DCA 2012) (quoting Rhodes
v. State, 986 So. 2d 501, 513 (Fla. 2008)) (“To be preserved, the issue or
legal argument must be raised and ruled on by the trial court.”) (italics in
original). As such, we affirm without prejudice to allow C.S.V. to file a
timely and appropriate motion for postconviction relief. However, this Court
2 takes no position on the merits of such a motion, if filed.
Affirmed without prejudice.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
C.S.V., A JUVENILE v. THE STATE OF FLORIDA, Counsel Stack Legal Research, https://law.counselstack.com/opinion/csv-a-juvenile-v-the-state-of-florida-fladistctapp-2023.