Roger Smith v. State

188 So. 3d 911, 2016 Fla. App. LEXIS 6513, 2016 WL 1573882

Opinion

PER CURIAM.

AFFIRMED. See Young v. State, 141 So.3d 161, 165 (Fla.2013) (holding sufficiency of the evidence claim was not reviewable for fundamental error on appeal where defendant waived appellate review on- the specific issue of whether an uninhabitable building that had been undergoing renovation at the time of the break-in constituted a “dwelling” under the burglary statute, because defendant did not specifically argue at trial that the building was not a “dwelling” and the evidence established that, at the very least, defendant committed a burglary of a structure).

TORPY, BERGER and LAMBERT, JJ., concur.