Vale v. State

District Court of Appeal of Florida

Vale v. State

773 So. 2d 1193, 2000 Fla. App. LEXIS 15515, 2000 WL 1759898

CourtDistrict Court of Appeal of Florida

DecidedDecember 1, 2000

DocketNo. 5D00-458

StatusPublished

This text of 773 So. 2d 1193 (Vale v. State) 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.

Bluebook

Vale v. State, 773 So. 2d 1193, 2000 Fla. App. LEXIS 15515, 2000 WL 1759898 (Fla. Ct. App. 2000).

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Opinion

PLEUS, J.

The appellant attempts to assert for the first time on appeal that his arrest was unlawful because the officers did not have the authority to enter his house. This issue was waived by appellant because in the proceedings below, appellant’s counsel specifically stated that she was not arguing that his arrest was unlawful, but that the officers had used excessive force in making the appellant’s arrest. See Gibson v. State, 533 So.2d 338 (Fla. 5th DCA 1988) (even non-fundamental constitutional errors are waived if not objected to); Baglio v. State, 467 So.2d 1030 (Fla. 4th DCA 1985) (where defense counsel specifically stated in proceedings below that he had no objection to admitted evidence, appellate review waived).

Accordingly, appellant’s judgment and sentence are affirmed.

AFFIRMED.

THOMPSON, C.J., and COBB, J., concur.

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PLEUS, J.

The appellant attempts to assert for the first time on appeal that his arrest was unlawful because the officers did not have the authority to enter his house. This issue was waived by appellant because in the proceedings below, appellant’s counsel specifically stated that she was not arguing that his arrest was unlawful, but that the officers had used excessive force in making the appellant’s arrest. See Gibson v. State, 533 So.2d 338 (Fla. 5th DCA 1988) (even non-fundamental constitutional errors are waived if not objected to); Baglio v. State, 467 So.2d 1030 (Fla. 4th DCA 1985) (where defense counsel specifically stated in proceedings below that he had no objection to admitted evidence, appellate review waived).

Accordingly, appellant’s judgment and sentence are affirmed.

AFFIRMED.

THOMPSON, C.J., and COBB, J., concur.

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Bluebook (online)

773 So. 2d 1193, 2000 Fla. App. LEXIS 15515, 2000 WL 1759898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vale-v-state-fladistctapp-2000.

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