From Casetext: Smarter Legal Research

Carabella v. State

District Court of Appeal of Florida, Fourth District
Feb 3, 1999
727 So. 2d 270 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-0427

Opinion filed February 3, 1999

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Fred J. Berman, Judge; L.T. Case No. 96-19761CF10A.

Richard L. Jorandby, Public Defender, and Eric Gottlieb, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Maya Saxena, Assistant Attorney General, Fort Lauderdale, for appellee.


Appellant argues that the trial court erroneously excluded certain testimony upon the state's hearsay objection. By not raising in the trial court those arguments for admissibility now raised on appeal, appellant failed to preserve his contention that the excluded statements were non-hearsay or that they fell within some exception to the hearsay rule. See Tillman v. State, 471 So.2d 32, 35 (Fla. 1985); Guittierez v. State, 704 So.2d 161 (Fla. 4th DCA 1997) (Gross, J., concurring).

DELL, KLEIN and GROSS, JJ., concur.


Summaries of

Carabella v. State

District Court of Appeal of Florida, Fourth District
Feb 3, 1999
727 So. 2d 270 (Fla. Dist. Ct. App. 1999)
Case details for

Carabella v. State

Case Details

Full title:MARTIN CARABELLA, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 3, 1999

Citations

727 So. 2d 270 (Fla. Dist. Ct. App. 1999)

Citing Cases

Medina v. State

However, this basis for admissibility was not raised below and, in the absence of fundamental error, is not…