Joseph v. State, 4D01-109.
| Decision Date | 20 November 2002 |
| Docket Number | No. 4D01-109.,4D01-109. |
| Citation | 830 So.2d 911 |
| Parties | Lou JOSEPH, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
John H. Lipinski of Law Office of John H. Lipinski, Miami, for appellant.
Richard E. Doran, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.
We affirm appellant, Lou Joseph's, conviction and sentence for burglary of an occupied dwelling. Appellant argues on appeal that the evidence presented was insufficient to prove beyond a reasonable doubt, that appellant was guilty of burglary of an occupied dwelling and his motion for judgment of acquittal should have been granted. This argument made on appeal was not preserved in the trial court and cannot be raised for the first time on appeal. See F.B. v. State, 816 So.2d 699 (Fla. 4th DCA 2002)
(citing State v. Barber, 301 So.2d 7 (Fla.1974)). We affirm all other issues raised without comment.
AFFIRMED.
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FB v. State
...that under State v. Barber, 301 So.2d 7 (Fla.1974), the issue must be preserved for appeal. 816 So.2d at 701; accord Joseph v. State, 830 So.2d 911, 911 (Fla. 4th DCA 2002) (citing F.B. and affirming burglary of occupied dwelling conviction because insufficient evidence claim was not preser......
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