IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
SHERRY ARUNDEL
Appellant,
v. Appeal No. CRC 03-56 APANO
UCN522003AP000056XXXXCR
STATE OF
Appellee.
____________________________/
Opinion filed _______________.
Appeal from a judgment and sentence
entered by the Pinellas County Court
County Judge Amy Williams
Robert Love, Esq.
Attorney for appellant
Joseph Werner, Esq.
Assistant State Attorney
(J. Morris)
THIS MATTER is before the Court on Sherry Arundel’s appeal from a judgment and sentence entered by the Pinellas County Court. She was convicted of DUI following a jury trial. After reviewing the briefs and record, this Court affirms the judgment and sentence.
Only
one of the defendant’s claims has any merit. The defendant argues that the
results of her breath test should not have been admitted into evidence because
she was not under arrest for anything that related to her use of a motor
vehicle, and therefore should not have been asked to take a breath test. This
Court need not reach the merits of the appellant’s argument because it finds
that the appellant failed to specifically object to the breath test results. A
review of the record reveals that the appellant merely argued that the State
had failed to lay a proper predicate or foundation. Nothing whatsoever was
mentioned about the lack of a proper arrest. This is insufficient. The purpose
of requiring a specific objection is to permit the trial court to understand
the issue raised and to give the adverse party notice of the alleged defect.
See Couzo v. State, 830 So.2d 177 (
IT IS THEREFORE ORDERED that the judgment and sentence are affirmed
DONE
AND ORDERED in Chambers at
__________________________
David A. Demers
Circuit Judge
___________________________
Robert J. Morris, Jr.
Circuit Judge
___________________________
Irene S. Sullivan
Circuit Judge
cc: State Attorney
Judge Williams
Robert Love, Esq.