Florida District Courts of Appeal, 1996

Perez v. State

Perez v. State
Florida District Courts of Appeal · Decided October 16, 1996 · Cope, Fletcher, Schwartz
680 So. 2d 1142; 1996 Fla. App. LEXIS 10916; 1996 WL 592632 (Southern Reporter, Second Series)

Perez v. State

Opinion of the Court

PER CURIAM.

Jose Antonio Perez appeals his conviction for burglary with an assault or battery. With regard to the claim under Clewis v. State, 605 So.2d 974, 975 (Fla. 3d DCA 1992), we conclude that the defense objection was not sufficiently specific to alert the trial judge to the nature of the objection, as contrasted to the objection made in Clewis. See id. at 975. β€œIn order to preserve an issue for appellate review, the specific legal argument or ground upon which it is based must be presented to the trial court.” Bertolotti v. Dugger, 514 So.2d 1095, 1096 (Fla. 1987), citing Tillman v. State, 471 So.2d 32, 35 (Fla. 1985); Mingo v. State, 680 So.2d 1079 (Fla. 3d DCA 1996); Black v. State, 367 So.2d 656, 657 (Fla. 3d DCA), cert. denied, 378 So.2d 342 (Fla. 1979). Additionally, taking the closing argument as a whole, we do not think that there is a reasonable basis on which to conclude that the jury was misled.

We find no error in the remaining points on appeal.

Affirmed.

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