STEWART v. STATE (2026)

District Court of Appeal of Florida, First District.

Marcus Wayne STEWART, Appellant, v. STATE of Florida, Appellee.

No. 1D2024-2366

Decided: April 15, 2026

Jessica J. Yeary, Public Defender, Tallahassee, and Kevin P. Steiger, Assistant Public Defender, Tallahassee, for Appellant. James Uthmeier, Attorney General, Tallahassee, and Darcy Townsend, Assistant Attorney General, Tallahassee, for Appellee.

Affirmed. See Coleman v. State, 315 So. 3d 166, 168 (Fla. 1st DCA 2021) (concluding that argument to trial court that statements were unreliable, without “assert[ing] that the trial court's findings were legally insufficient,” fails to preserve a sufficiency challenge under section 90.803(23), Florida Statutes); Bass v. State, 35 So. 3d 43, 46 (Fla. 1st DCA 2010) (citing Reynolds v. State, 660 So. 2d 778, 780 (Fla. 4th DCA 1995)) (finding section 90.403 challenge unpreserved where objection in trial court addressed bolstering, prior consistent statements, and cumulativeness but did not raise the balancing test under section 90.403).

Per Curiam.

Roberts, Winokur, and Nordby, JJ., concur.

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