State of Florida, Petitioner v. Earvin Smith, Respondent.

Summary

The Court held that a defendant must raise a statute-of-limitations defense in the trial court to preserve it for direct appeal; failure to do so is not fundamental error. Because Smith raised the defense for the first time on appeal, the Court quashed the reversal of his armed-burglary conviction and sentence and remanded for reinstatement. Justice Pariente, joined by Justice Quince, concurred while emphasizing ineffective assistance of counsel as a potential avenue when counsel's failure to raise the defense was prejudicial.