When someone is convicted in a Florida criminal case, an appeal is often the next step. But an appeal is not a second trial. Appellate courts generally review only the specific problems that were raised and decided in the trial court first.
This idea is called “preservation.” If an objection or legal argument was not clearly made to the trial judge, the appellate court may decline to consider it — even if there might have been a mistake below. There is a narrow exception for what the law calls fundamental error, but that is a high bar.
A short decision from Florida’s Sixth District Court of Appeal illustrates how strict these rules can be, and shows that even when the State agrees a mistake happened, the appellate court is not required to reverse. The case is Wasko v. State.
Key Takeaway
Florida appellate courts generally review only errors that were properly preserved in the trial court, and a party challenging a judgment carries the burden of showing prejudicial error occurred.
The question is more specific:
- What does it mean for an error to be “preserved”?
- Does an appellate court have to accept it when the State concedes error?
What happened in this appeal?
The appellant challenged a circuit court judgment in a criminal case. The Sixth District Court of Appeal issued a brief per curiam opinion affirming the lower court’s decision.
Rather than write a long analysis, the court affirmed and pointed to Florida’s statute governing appeals and to prior decisions explaining how preservation and prejudicial error work.
What does the law say about “preserved” error?
Under section 924.051, Florida Statutes, an issue is “preserved” when it was timely raised and ruled on by the trial court, and stated precisely enough to fairly tell the judge what relief was sought and why. The statute also defines “prejudicial error” as an error that harmfully affected the judgment or sentence.
The same statute provides that a judgment or sentence may be reversed on appeal only when a reviewing court finds, after reviewing the complete record, that a prejudicial error occurred and was properly preserved — or, if not preserved, that it would amount to fundamental error. The party challenging the judgment bears the burden of showing that a prejudicial error happened.
Does it matter if the State agrees there was a mistake?
Not by itself. The court relied on prior authority holding that an appellate court is not bound by the State’s concession of error. Even where the State concedes a point, the court may still decline to grant relief if the alleged error was not preserved and no fundamental error is shown.
A concession is not a reversal
The decisions the court cited explain that a reviewing court has an independent obligation to confirm an alleged error was properly preserved, regardless of whether the State raises or waives the preservation issue.
Why does this matter to people facing criminal charges?
These rules show why what happens at the trial level is so important. Objections, legal arguments, and requests generally need to be made clearly and on the record so the trial judge can rule on them.
If an issue is not preserved, the path to relief on appeal narrows considerably, because the reviewing court may decline to reach the merits. This decision is a reminder that appellate review is focused and rule-bound, not a fresh look at the whole case.
Disclaimer: This post is for general information only, is not legal advice, does not create an attorney-client relationship, and does not predict or guarantee any result. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before deciding, ask for free written information about the lawyer’s qualifications and experience.