Joseph v. State

Full title: LOU JOSEPH, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Nov 20, 2002

830 So. 2d 911 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 4D01-109

Opinion filed November 20, 2002

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. No. 00-7683 CF10C.

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.

SHAHOOD, J.

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.

STEVENSON and HAZOURI, JJ., concur.

NOT FINAL UNTIL THE DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.