4D03-4261-Raymond Gregg v. State of Florida

State: Florida

Court: Florida Fourth District Court

Docket No: 4D03-4261

Case Date: 05/04/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JANUARY TERM 2005 RAYMOND GREGG, Appellant, v. STATE OF FLORIDA, Appellee. CASE NO. 4D03-4261
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.

Opinion filed May 4, 2005 Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul Backman, Judge; L.T. Case No. 98-9109 CF10A. Carey Haughwout, Public Defender, and Peggy Natale , Assistant Public Defender, West Palm Beach, for appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. Affirmed. Although Gregg was not fully advised of his Miranda right to have counsel present during questioning, this challenge was not raised in the trial court. Therefore, the issue was not preserved. See Phillips v. State , 877 So. 2d 912 (Fla. 4th DCA 2004). We have not addressed Gregg's claim of ineffective assistance of counsel for failing to raise this issue, leaving it to be raised by a motion for post-conviction relief. As to other issues raised, we find no reversible error or abuse of discretion. FARMER, C.J., STONE and STEVENSON, JJ., concur.

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