Person v. State

Full title: Terrod Person, Appellant, v. The State of Florida, Appellee.

Court: Third District Court of Appeal State of Florida

Date published: May 16, 2018

245 So. 3d 1002 (Fla. Dist. Ct. App. 2018)

Opinion

No. 3D17–799

05-16-2018

Terrod PERSON, Appellant, v. The STATE of Florida, Appellee.

Carlos J. Martinez, Public Defender, and Harvey J. Sepler and Stephen J. Weinbaum, Assistant Public Defenders, for appellant. Pamela Jo Bondi, Attorney General, and Joanne Diez, Assistant Attorney General, for appellee.

PER CURIAM.

Carlos J. Martinez, Public Defender, and Harvey J. Sepler and Stephen J. Weinbaum, Assistant Public Defenders, for appellant.

Pamela Jo Bondi, Attorney General, and Joanne Diez, Assistant Attorney General, for appellee.

Before LAGOA, EMAS and FERNANDEZ, JJ.

PER CURIAM.

Affirmed. G.E.G. v. State, 417 So.2d 975 (Fla. 1982) (holding a defendant convicted of possession of a controlled substance cannot complain on appeal that the state failed to introduce the substance into evidence unless the defendant preserved this claim by objecting at trial to its non-introduction); McHolder v. State, 917 So.2d 1043, 1045 (Fla. 5th DCA 2006) (stating "McHolder argues that his due process rights were violated by his conviction of possession of cocaine with intent to sell because the State never introduced the cocaine evidence at trial. Because this argument was not made to the trial court, it was not preserved for appellate review"). See also Trinidad v. State, 615 So.2d 806 (Fla. 3d DCA 1993) ; Priestly v. State, 450 So.2d 289 (Fla. 4th DCA 1984).