Opinion
No. 4D19-3309
03-31-2021
Eleazar HERNANDEZ-PEREZ, Appellant, v. STATE of Florida, Appellee.
Carey Haughwout, Public Defender, and Virginia Murphy, Assistant Public Defender, West Palm Beach, for appellant. Ashley Moody, Attorney General, Tallahassee, and Allan R. Geesey, Assistant Attorney General, West Palm Beach, for appellee.
Carey Haughwout, Public Defender, and Virginia Murphy, Assistant Public Defender, West Palm Beach, for appellant.
Ashley Moody, Attorney General, Tallahassee, and Allan R. Geesey, Assistant Attorney General, West Palm Beach, for appellee.
Per Curiam.
We affirm appellant's convictions. As to appellant's first issue regarding the answer given to a jury question, the trial court has discretion in answering a jury question, and it may answer a question directly or refer jurors to standard instructions. See Perriman v. State , 731 So. 2d 1243, 1246–47 (Fla. 1999). The second issue, alleging a failure to conduct a Daubert inquiry of an expert witness, was not preserved. See State v. Ivey , 285 So. 3d 281, 286 (Fla. 2019) (stating that to be preserved for appeal, an objection must be "sufficiently precise that it fairly apprised the trial court of the relief sought and the grounds therefor" (quoting § 924.051(1)(b), Fla. Stat. (2015) )); see also Philip Morris USA Inc. v. Gore , 238 So. 3d 828, 830 (Fla. 4th DCA 2018) (finding Daubert issue not preserved where appellant failed to make a contemporaneous objection and there were no references to Daubert or section 90.702, Florida Statutes, at trial).
Daubert v. Merrell Dow Pharmaceuticals, Inc ., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d 469 (1993).
Affirmed.
Warner, Damoorgian and Forst, JJ., concur.