Legal Opinion

Garcia v. State

District Court of Appeal of Florida

Decided October 24, 2001No. Nos. 3D00-3163, 3D00-3394PublishedCited by 1 opinion

1Per curiam

We affirm the burglary conviction of defendant-appellant Nestor A. Garcia.

On the first issue, we reject the claim of error. It does not appear that the argument now made on appeal was clearly presented to the trial judge. See Castor v. State, 365 So.2d 701, 703 (Fla.1978).

As to the defendant’s second and third points, we conclude that the trial court acted within discretion in excluding evidence of claimed prior bad acts by the victim. See Chaudoin v. State, 707 So.2d 813 (Fla. 5th DCA 1998).

We find no error in the scope of the Richardson* hearing and the trial court’s rulings thereunder.

Affir…

2Cases cited3 opinions

  1. Richardson v. StateSupreme Court of Florida · 1971
  2. Castor v. StateSupreme Court of Florida · 1978
  3. Chaudoin v. StateDistrict Court of Appeal of Florida · 1998

3Cited by1 opinion

  1. Perdices v. PerdicesDistrict Court of Appeal of Florida · 2001

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