Opinion

Brown v. State

  • 404 So. 2d 861
  • 1981 Fla. App. LEXIS 21274
Court
District Court of Appeal of Florida
Filed
Oct 16, 1981
Status
Published
On the bench
McCord, Mills, Smith
Cited by
0 cases
Authority
More cited than 25.9%

The opinion

PER CURIAM.

Appellant has raised two points in this appeal from his conviction of sexual battery. We affirm as to both.

In Point I, appellant asserts that the trial court violated Florida Rule of Criminal Procedure 3.410 in giving the jury an additional instruction, upon the jury’s tender of a question, without prior consultation with the parties’ attorneys. However, although defense counsel at trial objected to the instruction on other grounds after the jury returned to the jury room, he did not raise the Rule 3.410 objection which is raised on appeal. Point I, therefore, has not been properly preserved for review on appeal. Compare Castor v. State, 365 So.2d 701 (Fla.1978).

As his second point, appellant contends that a prosecutorial comment in closing argument requires reversal. The prosecutor’s comment was not of such a prejudicial nature as to mandate reversal.

AFFIRMED.

ROBERT P. SMITH, Jr., C. J., and McCORD and MILLS, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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