Background
Jennifer Carrol Leeka Wasko appealed from the Circuit Court for Hendry County, Case No. 2022-CF-000217. The appellate opinion does not identify the underlying offense, the precise ruling challenged, or the argument Wasko raised on appeal.
The appeal was considered under Florida’s statutory requirements for appellate relief in criminal cases, including the requirements that an appellant show prejudicial error and that the issue be preserved, unless the unpreserved error is fundamental.
The Court’s Holding
In a per curiam decision, the Sixth District affirmed. The court cited section 924.051, Florida Statutes, which limits reversal to prejudicial error that was properly preserved in the trial court or, if unpreserved, constitutes fundamental error.
The court also cited prior decisions explaining that appellate courts independently must determine whether an alleged error was preserved and prejudicial. The opinion reflects that Wasko did not establish a basis for reversal under those standards.
Key Takeaways
- A criminal appellant bears the burden to demonstrate prejudicial error.
- An issue generally must have been timely and specifically raised and ruled on below to be preserved for appeal.
- An unpreserved issue supports reversal only if it constitutes fundamental error.
Why It Matters
The decision underscores that preservation is a threshold requirement in Florida criminal appeals. An appellate court may affirm where the appellant has not shown preserved prejudicial error, even when preservation is not raised by the State.