Baglio v. State, 84-204
| Decision Date | 20 February 1985 |
| Docket Number | No. 84-204,84-204 |
| Citation | 10 Fla. L. Weekly 457,467 So.2d 1030 |
| Parties | 10 Fla. L. Weekly 457 John Peter BAGLIO, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Carolyn V. McCann, Asst. Atty. Gen., West Palm Beach, for appellee.
The defendant appeals his conviction and sentence for sexual battery. The primary error asserted is the denial of a motion to suppress the physical evidence obtained as a result of appellant's allegedly unlawful arrest. Defendant's motion to suppress was denied prior to trial. During trial, however, the physical evidence was admitted. Defense counsel not only failed to object but specifically stated that he had no objection to the admission of same. Accordingly, the right to appellate review of the issue has been waived. DeLuca v. State, 384 So.2d 212 (Fla. 4th DCA 1980). The conviction and sentence are affirmed.
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Johnson v. State, 88-833
...cites in support thereof, Tennant v. State, 205 So.2d 324 (Fla. 1st DCA 1967), cert. denied, 210 So.2d 227 (1968), and Baglio v. State, 467 So.2d 1030 (Fla. 4th DCA 1985). The facts in both these two cases, however, are distinguishable from those at bar. In Tennant, the defense first moved ......
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