CONEY v. STATE (2018)

District Court of Appeal of Florida, Third District.

Gary CONEY, Appellant, v. The STATE of Florida, Appellee.

No. 3D17-2282

Decided: July 25, 2018

Before EMAS, FERNANDEZ and LINDSEY, JJ.

Carlos J. Martinez, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Christina L. Dominguez, Assistant Attorney General, for appellee.

Affirmed. See Rodriguez v. State, 609 So.2d 493, 499 (Fla. 1992) (noting: “It is well settled that the specific legal ground upon which a claim is based must be raised at trial and a claim different than that raised below will not be heard on appeal”); Steinhorst v. State, 412 So.2d 332, 338 (Fla. 1982) (holding: “In order for an argument to be cognizable on appeal, it must be the specific contention asserted as legal ground for the objection, exception, or motion below”); Black v. State, 367 So.2d 656, 657 (Fla. 3d DCA 1979) (same). See also Overton v. State, 801 So.2d 877, 900-01) (Fla. 2001) (discussing evidentiary principle of “opening the door”, premised on notions of fairness and truth-seeking function of a trial).

PER CURIAM.

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