German v. State, 78-1854
| Decision Date | 13 February 1980 |
| Docket Number | No. 78-1854,78-1854 |
| Citation | 379 So.2d 1013 |
| Parties | Dennis GERMAN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, Gary S. Israel, Asst. Public Defender, and Jorge Labarga, Legal Intern, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, Kenneth G. Spillias and Ondina Felipe, Asst. Attys. Gen., West Palm Beach, for appellee.
Defendant appeals a conviction of armed robbery. The only point with possible merit is that evidence of a collateral crime was improperly admitted in evidence. However, we do not reach this issue because we find that appellant failed to adequately preserve the question for appeal.
Appellant filed a pre-trial motion in limine in an attempt to suppress certain collateral crimes evidence. The trial court denied the motion immediately prior to trial. Appellant did not object to the admission of this testimony at the time of its introduction at trial, although he did move for a mistrial at the close of all the evidence.
In Stanley v. State, 357 So.2d 1031 (Fla. 3rd DCA 1978) cert. den. 364 So.2d 891 (Fla.1978), the Third District held that the appellant waived review of the denial of his motion to suppress statements made while in police custody, by failing to timely object to the admission of this evidence at trial. Similarly, the Court held in Jones v. State, 360 So.2d 1293 (Fla. 3rd DCA 1978), that the appellant's failure to contemporaneously object to a medical examiner's testimony waived appellate review of the issue, even though a pretrial motion to suppress had been made. See also Kiddy v. State, 378 So.2d 1332 (Fla. 4th DCA 1980). In this regard, the Jones Court stated:
Failure to renew an objection at trial contemporaneously with admission of the contested evidence constitutes a waiver of the right to appellate review of an alleged error, even though issues of constitutional dimension are claimed to exist.
The necessity of a contemporaneous objection was reaffirmed by the Florida Supreme Court in Clark v. State, 363 So.2d 331 (Fla.1978), in which the Court held that in order to preserve appellate review of a prosecutor's comment on the defendant's right to remain silent, the defendant must object and move for a mistrial.
In the instant cause, appellant failed to object to the collateral crimes testimony when it was admitted into evidence. Although ...
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Thomas v. State, 89-449
...558 So.2d 422 (Fla.1990), a unanimous Florida Supreme Court, citing to Phillips v. State, 476 So.2d 194 (Fla.1985) and German v. State, 379 So.2d 1013 (Fla. 4th DCA), cert. den. 388 So.2d 1113 (Fla.1980), held that "[e]ven when a prior motion in limine has been denied, the failure to object......
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Correll v. Sec'y, Dep't of Corr.
...crime evidence is introduced waives the issue for appellate review. Phillips v. State, 476 So.2d 194 (Fla.1985); German v. State, 379 So.2d 1013 (Fla.4th DCA), cert. denied,388 So.2d 1113 (Fla.1980). Moreover, even if an objection had been made, the testimony was sufficiently relevant to sh......
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Lewis v. State
...3005, 125 L.Ed.2d 697 (1993); Crespo v. State, 379 So.2d 191 (Fla. 4th DCA), cert. denied, 388 So.2d 1111 (Fla.1980); German v. State, 379 So.2d 1013 (Fla. 4th DCA), cert. denied, 388 So.2d 1113 (Fla.1980); cf. Holmes v. Mernah, 427 So.2d 378 (Fla. 4th DCA 1983) (motion in limine denied imm......
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Correll v. State
...crime evidence is introduced waives the issue for appellate review. Phillips v. State, 476 So.2d 194 (Fla.1985); German v. State, 379 So.2d 1013 (Fla. 4th DCA), cert. denied, 388 So.2d 1113 (Fla.1980). Moreover, even if an objection had been made, the testimony was sufficiently relevant to ......