Perez v. State

680 So. 2d 1142, 1996 Fla. App. LEXIS 10916, 1996 WL 592632
Procedural entryThis page is a short order in Perez v. State. Read the opinion of the Court — 647 So. 2d 1007
District Court of Appeal of Florida·Decided October 16, 1996·No. No. 96-775·Published

Opinion

PER CURIAM.

Jose Antonio Perez appeals his conviction for burglary with an assault or battery. With regard to the claim under Clewis v. State, 605 So.2d 974, 975 (Fla. 3d DCA 1992), we conclude that the defense objection was not sufficiently specific to alert the trial judge to the nature of the objection, as contrasted to the objection made in Clewis. See id. at 975. “In order to preserve an issue for appellate review, the specific legal argument or ground upon which it is based must be presented to the trial court.” Bertolotti v. Dugger, 514 So.2d 1095, 1096 (Fla.1987), citing Tillman v. State, 471 So.2d 32, 35 (Fla.1985); Mingo v. State, 680 So.2d 1079 (Fla. 3d DCA 1996); Black v. State, 367 So.2d 656, 657 (Fla. 3d DCA), cert. denied, 378 So.2d 342 (Fla.1979). Additionally, taking the closing argument as a whole, we do not think that there is a reasonable basis on which to conclude that the jury was misled.

We find no error in the remaining points on appeal.

Affirmed.

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Perez v. State, 680 So. 2d 1142, 1996 Fla. App. LEXIS 10916, 1996 WL 592632 (Fla. Ct. App. 1996).

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Related

Mingo v. State
680 So. 2d 1079 (District Court of Appeal of Florida, 1996)
Black v. State
367 So. 2d 656 (District Court of Appeal of Florida, 1979)
Clewis v. State
605 So. 2d 974 (District Court of Appeal of Florida, 1992)
Tillman v. State
471 So. 2d 32 (Supreme Court of Florida, 1985)
Bertolotti v. Dugger
514 So. 2d 1095 (Supreme Court of Florida, 1987)