From Casetext: Smarter Legal Research

State v. Perdomo

District Court of Appeal of Florida, Third District
Sep 10, 2008
990 So. 2d 1173 (Fla. Dist. Ct. App. 2008)

Opinion

No. 3D07-2348.

September 10, 2008.

An Appeal from the Circuit Court for Miami-Dade County, Peter Adrien, Judge.

Bill McCollum, Attorney General, and Juliet S. Fattel and Nicholas Merlin, Assistant Attorneys General, for appellant.

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellee.

Before GERSTEN, C.J., and ROTHENBERG, J., and SCHWARTZ, Senior Judge.


The State of Florida ("the State") appeals from a probation order issued pursuant to a nolo contendere plea entered by the defendant, Julio Perdomo. We affirm.

The State contends that its one-time, general objection to the trial courts offered plea was sufficient to inform the trial court that it erred in failing to impose restitution in the probation order. We disagree.

"An issue is preserved for appeal if the attorney's articulated concern is sufficiently specific to inform the court of the alleged error." State v. Paulk, 813 So.2d 152, 154 (Fla. 3d DCA 2002). In the instant case, it is impossible to construe the State's objection as taking issue with the probation order's failure to provide for victim restitution, and therefore, we hold that the State failed to preserve the issue for appellate review.

Affirmed.


Summaries of

State v. Perdomo

District Court of Appeal of Florida, Third District
Sep 10, 2008
990 So. 2d 1173 (Fla. Dist. Ct. App. 2008)
Case details for

State v. Perdomo

Case Details

Full title:The STATE of Florida, Appellant, v. Julio PERDOMO, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Sep 10, 2008

Citations

990 So. 2d 1173 (Fla. Dist. Ct. App. 2008)

Citing Cases

Hill v. Hill

State v. Paulk, 813 So. 2d 152, 154 (Fla. 3d DCA 2002).'"; State v. Perdomo, 990 So. 2d 1173 (Fla. 3d DCA…