# Brown v. State

> District Court of Appeal of Florida · October 16, 1981 · 404 So. 2d 861

URL: https://www.frixlaw.com/law-library/cases/7513257

## Case

- **Full name:** Michael BROWN v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** October 16, 1981
- **Citations:** 404 So. 2d 861; 1981 Fla. App. LEXIS 21274
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** McCord, Mills, Smith
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7513257

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7513257. Public record. Not legal advice.