Myrticia Quiencilla Gray v. The State of Florida

• Court: District Court of Appeal of Florida
• Decided: May 29, 2024
• Docket: 2022-1664
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed May 29, 2024. Not final until disposition of timely filed motion for rehearing.

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No. 3D22-1664 Lower Tribunal No. B22-2538 ________________

Myrticia Quiencilla Gray, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the County Court for Miami-Dade County, Robin Faber, Judge.

Carlos J. Martinez, Public Defender, and Nicholas A. Lynch, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and Kseniya Smychkouskaya and Christina L. Dominguez, Assistant Attorneys General, for appellee.

Before EMAS, GORDO and BOKOR, JJ.

PER CURIAM. On appeal from a judgment and sentence following a jury trial for the

offense of misdemeanor battery, Myrticia Quiencilla Gray raises three

issues. Because the claims asserted were either not error, see Donovan v.

State, 821 So. 2d 1099 (Fla. 5th DCA 2002); M.W. v. State, 263 So. 3d 214

(Fla. 3d DCA 2019), not properly preserved, see Foster v. State, 778 So. 2d

906 (Fla. 2000) (finding claim procedurally barred because defendant failed

to make contemporaneous objection to trial judge's comments or seek

disqualification); Jones v. State, 612 So. 2d 1370, 1373 (Fla.1992) (“The

contemporaneous objection rule applies to such comments, however, and

an appellate court will not reverse in the absence of an objection unless the

comment is so prejudicial as to be fundamental error.”), nor fundamental,

see Lee v. State, 264 So. 3d 225, 226-27 (Fla. 1st DCA 2018) (“[I]t is clear

that not every act or comment that might be interpreted as demonstrating

less than neutrality on the part of the judge will be deemed fundamental

error.”) (quoting Mathew v. State, 837 So. 2d 1167, 1170 (Fla. 4th DCA

2003)), or were harmless, see State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986),

we affirm.

Affirmed.