Stewart v. State of Florida

FIRST D ISTRICT COURT OF APPEAL
S TATE OF FLORIDA
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No. 1D2024-2366
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M ARCUS W AYNE STEWART ,
Appellant,
v.
STATE OF FLORIDA ,
Appellee.
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On appeal from the Circuit Court for Bay County.
Brantley S. Clark, Jr., Judge.
April 15, 2026
P ER C URIAM.
A FFIRMED. 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).
R OBERTS, W INOKUR , and NORDBY, JJ., concur.

2
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Not 	final 	until 	disposition 	of 	any 	timely 	and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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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.