ANTHONY E. MACK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1972-12-12
No. 72-592
Before BARKDULL, C. J., and PEARSON and HAVERFIELD, JJ.
270 So. 2d 382 Florida District Court of Appeal, Third District (1972) Caution
Cited by 10 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant-appellant, Anthony Eugene Mack, seeks reversal of his conviction and sentence after being found guilty on the charge of carrying a concealed firearm. Two police officers stopped defendant after noticing a suspicious bulge in his right pocket. The officers seized a revolver from defendant and subsequently an information was filed charging him with carrying a concealed firearm in violation of F.S. § 790.01, F.S.A. Pursuant to the trial court’s adjudication defendant was sentenced to sixty (60) days in the Dade County Jail.

On appeal it is contended that the trial judge deprived defendant of a fair trial by repeatedly displaying a lack of neutrality toward defendant. No objections, however, were made at trial to any of the alleged incidents of misconduct. Since the errors complained of by defendant are *383not fundamental they cannot be raised for the first time on appeal. Dickenson v. State, Fla.App. 1972, 261 So.2d 561; Scarpati v. State, Fla.App.1969, 224 So.2d 335; Mahone v. State, Fla.App.1969, 222 So.2d 769; Worthington v. State, Fla.App.1966, 183 So.2d 728.

Accordingly, the judgment and sentence herein appealed is affirmed.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Scott v. State, 396 So. 2d 271 (Fla. 3d DCA 1981)
    …for corrective instruction, Foreman v. State, 47 So. 2d 308 (Fla.1958); Pegues v. State, 361 So. 2d 433 (Fla.1st DCA 1978); Flynn v. State, 351 So. 2d 377 (Fla.4th DCA 1977); McCrea v. State, 210 So. 2d 724 (Fla.3d DCA 1968); see also Mack v. State, 270 So. 2d 382 (Fla.3d DCA 1972), and the comments were not so pernicious as to cause us to recognize them as fundamental error; (2) the refusal of the trial court to give a specified, requested instruction is harmless when the instructions as a whole clearly and…
  • Shepherd A. Meggett v. State, 362 So. 2d 713 (Fla. 3d DCA 1978)
    …PER CURIAM. Affirmed. Hill v. State, 133 So. 2d 68 (Fla.1961); Spencer v. State, 133 So. 2d 729 (Fla.1961); Scott v. State, 256 So. 2d 19 (Fla. 4th DCA 1971); Mack v. State, 270 So. 2d 382 (Fla. 3d DCA 1972); State v. Bryan, 287 So. 2d 73 (Fla.1973); Lynch v. State, 293 So. 2d 44 (Fla.1974); Henderson v. State, 304 So. 2d 537 (Fla. 3d DCA 1974); Walker v. State, 330 So. 2d 110 (Fla. 3d DCA 1976).…
  • Jones v. State, 582 So. 2d 110 (Fla. 3d DCA 1991)
    …te review alleged improprieties of a trial judge, an objection must be made contemporaneously with the prejudicial conduct or comments. Herzog v. State, 439 So. 2d 1372 (Fla.1983); Williams v. State, 305 So. 2d 45 (Fla. 1st DCA 1974); Mack v. State, 270 So. 2d 382 (Fla. 3d DCA 1972). An examination of the record supports the State’s contention that the defendant did not make a contemporaneous objection to the alleged misconduct by the court sufficient to preserve the issue for appellate review. More important…

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