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State v. James

District Court of Appeal of Florida, Third District.
Nov 18, 2015
180 So. 3d 183 (Fla. Dist. Ct. App. 2015)

Summary

affirming suppression order and citing Tillman for the proposition that in order to be preserved for appellate review an argument against suppression must have been presented to the lower court and cannot be presented for the first time on appeal

Summary of this case from State v. Fernandez

Opinion

No. 3D14–1242.

11-18-2015

The STATE of Florida, Appellant, v. Shawn Michael JAMES, Appellee.

Pamela Jo Bondi, Attorney General, and Shayne R. Burnham, Assistant Attorney General, for appellant. Carlos J. Martinez, Public Defender, and Natasha Baker–Bradley, Assistant Public Defender, for appellee.


Pamela Jo Bondi, Attorney General, and Shayne R. Burnham, Assistant Attorney General, for appellant.

Carlos J. Martinez, Public Defender, and Natasha Baker–Bradley, Assistant Public Defender, for appellee.

Opinion

PER CURIAM.

Affirmed. See Tillman v. State, 471 So.2d 32, 35 (Fla.1985) (“In order to be preserved for further review by a higher court, an issue must be presented to the lower court and the specific legal argument or ground to be argued on appeal or review must be part of that presentation if it is to be considered preserved.”); State v. Taylor, 826 So.2d 399, 406 (Fla. 3d DCA 2002) (“An argument against suppression may not be presented for the first time on appeal.”).


Summaries of

State v. James

District Court of Appeal of Florida, Third District.
Nov 18, 2015
180 So. 3d 183 (Fla. Dist. Ct. App. 2015)

affirming suppression order and citing Tillman for the proposition that in order to be preserved for appellate review an argument against suppression must have been presented to the lower court and cannot be presented for the first time on appeal

Summary of this case from State v. Fernandez
Case details for

State v. James

Case Details

Full title:The STATE of Florida, Appellant, v. Shawn Michael JAMES, Appellee.

Court:District Court of Appeal of Florida, Third District.

Date published: Nov 18, 2015

Citations

180 So. 3d 183 (Fla. Dist. Ct. App. 2015)

Citing Cases

State v. Fernandez

SeeMae , 706 So. 2d at 351–52 (affirming suppression order based in part on the court's conclusion that the…