Portela v. State

Full title: JOSE DAVID PORTELA, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Oct 18, 1995

661 So. 2d 932 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-322.

October 18, 1995.

Appeal from the Circuit Court, Dade County, Leonard Glick, J.

Bennett H. Brummer, Public Defender, and Robert Friedman, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Consuelo Maingot, Assistant Attorney General, for appellee.

Before BASKIN, COPE and GERSTEN, JJ.

PER CURIAM.

Jose David Portela appeals his convictions of false imprisonment and sexual battery with a deadly weapon. He asserts that his peremptory challenge of a juror was improperly overruled. We conclude that the point was not properly preserved for appellate review because defendant "accepted the jury immediately prior to its being sworn without reservation of his earlier-made objection." Joiner v. State, 618 So.2d 174, 176 (Fla. 1993); see also Cruz v. State, 660 So.2d 792 (Fla. 3d DCA 1995).

Affirmed.