TAYLOR, Judge.
Matthew Dieterlen brings this appeal from a December 2, 2013, Kenton Circuit Court Final Judgment sentencing appellant to a total of three and one-half years' imprisonment. We affirm.
On October 5, 2012, appellant was on probation for a previous conviction. Covington police and probation officers were preparing for a monthly procedure known as Operation Night Vision, when appellant's probation officer received an anonymous tip that appellant was growing marijuana in a residence located at 1505 Madison. Under the terms of his probation, appellant was not authorized to reside at 1505 Madison.
On December 6, 2012, appellant was indicted upon first-degree possession of a controlled substance (cocaine), cultivating marijuana, and with being a first-degree persistent felony offender. Appellant then filed a motion to suppress the marijuana seized from his residence. Appellant argued that the warrantless search of his residence constituted an unconstitutional search and seizure. On March 13, 2013, the circuit court denied appellant's motion to suppress the marijuana from his residence. The circuit court determined that the probation officers possessed reasonable suspicion that appellant was using drugs or contraband at his residence, thus justifying the search of his residence.
Appellant then filed a motion to sever the possession of controlled substance charge and the cultivating marijuana charge for trial; the trial court ultimately granted the motion. In June 2013, appellant was tried by jury upon the offense of first-degree possession of a controlled substance. The jury found appellant guilty thereof, and the jury recommended a two-year sentence of imprisonment.
Subsequently, the Commonwealth and appellant reached a plea agreement upon the remaining charges of cultivating marijuana and first-degree persistent felony offender (PFO I). In exchange for appellant's guilty plea to cultivating marijuana, the Commonwealth agreed to dismiss the PFO I charge and to recommend a three-year sentence of imprisonment upon the cultivating marijuana charge. Appellant entered an unconditional guilty plea to cultivating marijuana on October 10, 2013.
By final judgment entered December 2, 2013, the circuit court sentenced appellant to two-years' imprisonment for first-degree possession of controlled substance upon the jury's guilty verdict and to eighteen months for cultivation of marijuana upon the guilty plea. These sentences were ordered to be served consecutively. This appeal follows.
The sole issue in this appeal looks to whether the police and probation officers could legally search appellant's residence after his arrest on October 5, 2012. In his brief, appellant's sole argument is that the "evidence seized from [appellant's] house should have been suppressed." Appellant's Brief at 3. Appellant sets forth various legal arguments in support thereof. In response, the Commonwealth points out that the evidence seized from appellant's residence was marijuana plants that formed the basis for the indicted offense of cultivating marijuana. The Commonwealth also correctly notes that appellant entered an unconditional guilty plea to the offense of cultivating marijuana and as a result was precluded from directly appealing the issue regarding the suppression of the marijuana from the search of the residence. In his reply brief, appellant essentially changes the emphasis of his argument to maintain that the circuit court erred by denying the motion to suppress the cocaine seized from the search of his person incident to arrest.
Upon review of the record, appellant did file a motion to suppress evidence in the circuit court; however, in that motion, appellant only sought suppression of the evidence seized from his residence (the marijuana), not his person. And, in the March 13, 2013, order, the circuit court solely addressed whether the search of appellant's residence was constitutional. It is clear that appellant did not file a motion to suppress the cocaine seized from the search of appellant's person or otherwise seek to suppress same before the circuit court.
Where appellant fails to raise an issue in the circuit court, he may not present it "for the first time on appeal." Jones v. Commonwealth, 239 S.W.3d 575, 578 (Ky. App. 2007).
As appellant failed to file a motion to suppress the cocaine seized from his person, we think that this issue has been waived, and our review is precluded.
For the foregoing reasons, the Final Judgment of the Kenton Circuit Court is affirmed.
ALL CONCUR.