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GARCIA v. STATE

Nos. 3D00-3163, 3D00-3394.

800 So.2d 289 (2001)

Nestor A. GARCIA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 12, 2001.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Valerie Jonas, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Barbara A. Zappi, Assistant Attorney General, for appellee.

Before COPE and GERSTEN, JJ., and NESBITT, Senior Judge.

PER CURIAM.

We affirm the burglary conviction of defendant-appellant Nestor A. Garcia.

On the first issue, we reject the claim of error. It does not appear that the argument now made on appeal was clearly presented to the trial judge. See Castor v. State, 365 So.2d 701, 703 (Fla.1978).

As to the defendant's second and third points, we conclude that the trial court acted within discretion in excluding evidence...

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