Datus v. State

Luckenson Datus appeals his convictions for burglary of a dwelling and resisting arrest without violence. We conclude that defense counsel’s relevance objection to certain testimony only preserved for appeal a claim concerning the relevance of certain testimony and did not preserve any type of argument as to unfair prejudice. As for the testimony’s relevance, we find that it was not relevant, but that its admission was ultimately harmless.

During the jury trial, an officer testified that she was looking for a suspect involved in a recent burglary in a Delray Beach neighborhood. When some…