GARCIA V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2004 GABRIEL GARCIA, Appellant, ** ** vs. ** CASE NO. 3D03-1263 THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. 02-032034 Appellee. ** Opinion filed March 24, 2004. An appeal from the Circuit Court for Miami-Dade County, Maria Espinosa Dennis, Judge. Bennett H. Brummer, Public Defender Assistant Public Defender, for appellant. and Robert Kalter, Charles J. Crist, Jr., Attorney General, and Richard L. Polin, and Jennifer Moore, Assistant Attorney Generals, and Rebecca M. Plasencia, Certified Legal Intern, for appellee. Before GODERICH, GREEN, and WELLS, JJ. 1 PER CURIAM. We affirm the appellant s conviction and sentence for armed robbery and kidnapping on grounds that the claimed trial error was not adequately preserved for appellate review. See Anderson v. State, 863 So. 2d 169, 181 (Fla. 2003); Hodges v. State, 28 Fla. L. Weekly S475 (Fla. June 19, 2003); Occhicone v. State, 570 So. 2d 902, 906 (Fla. 1990). Had the error been preserved, there is still no reversible error here because the claimed error was invited. See Rodriguez v. State, 753 So. 2d 29, 42 (Fla. 2000); Morgan v. State, 520 So. 2d 105, 106 (Fla. 2d DCA 1988). Affirmed. 2

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