5D05-1808 Donald Lowry v.State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-1808

Case Date: 11/06/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2006

DONALD STANFORD LOWRY, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 9, 2006. Appeal from the Circuit Court for Orange County, Lisa T. Munyon, Judge. Mary Elizabeth Fitzgibbons of Quinones, Fitzgibbons, Pfister & Oliver, P.L., Kissimmee, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D05-1808

PER CURIAM. AFFIRMED. See Anderson v. State, 841 So. 2d 390, 403 (Fla. 2003) (defining fundamental error as "that [which] reaches down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error"); Huck v. State, 881 So. 2d 1137, 1151 (Fla. 5th DCA 2004) (noting that admission of evidence is reviewed for abuse of discretion); Carratelli v. State, 915 So.

2d 1256, 1259 (Fla. 4th DCA 2005) (stating party must object before the jury is sworn to preserve a claim of impermissibly motivated peremptory strikes); Becraft v. State , 910 So. 2d 413, 414 (Fla. 4th DCA 2005) (holding specific objections not made at trial are not preserved for appeal); Graham v. State , 470 So. 2d 97, 97-98 (Fla. 1st DCA 1985) (ruling juror's expressed discomfort with continued service gave rise to reasonable doubt juror could be fair and impartial).

THOMPSON, MONACO and EVANDER, JJ., concur.

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