ROY IVAN BISSONETTE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROY IVAN BISSONETTE, APPELLANT,
STATE OF FLORIDA, APPELLEE
307 So. 2d 222
Florida District Court of Appeal, Fourth District (1975)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Upon examination of the record and consideration of all the points raised in this appeal, we are of the opinion that no reversible error has been demonstrated. The issue of the constitutionality of F.S. 39.02(6) (c), 1971, was not raised and directly passed upon by the trial court and as such is precluded from consideration by this court. State v. McInnes, Fla.App.1961, 133 So. 2d 581; see also Franklin v. State, Fla.App.1973, 285 So. 2d 32; Mann v. State, Fla.App. 1968, 209 So. 2d 472; but see Papp v. State, Fla.App.1973, 281 So. 2d 600.
Accordingly, the judgment and conviction are affirmed.
MAGER and DOWNEY, JJ., and ALDERMAN, JAMES E., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bissonette v. State, 311 So. 2d 114 (Fla. 1975)…Certiorari dismissed sua sponte. 307 So. 2d 222.…
-
Lynch v. State, 314 So. 2d 173 (Fla. 4th DCA 1975)…ssue of the constitutionality of this statute was not raised and directly passed upon by the trial court and as such is precluded from consideration by this court. State v. McInnes, 133 So. 2d 581 (1st D.C.A.Fla.1961); see also, Bissonette v. State, 307 So. 2d 222 (4th D.C.A.Fla.1975); Franklin v. State, 285 So. 2d 32 (4th D.C.A.Fla.1973); Mann v. State, 209 So. 2d 472 (1st D.C.A.Fla.1968); but see, Papp v. State, 281 So. 2d 600 (4th D.C.A.Fla.1973). Affirmed. OWEN, C. J., and MAGER and DOW-NEY, JJ., concur…
Authorities Cited
- State v. McINNES, 133 So. 2d 581 (Fla. 1st DCA 1961)
- Balint Papp v. State, 281 So. 2d 600 (Fla. 4th DCA 1973)
- Mann v. State, 209 So. 2d 472 (Fla. 1st DCA 1968)
- ST. Paul Fire & Marine Ins. Co. v. Hollingsworth, 209 So. 2d 472 (Fla. 1st DCA 1968)
- Franklin v. State, 285 So. 2d 32 (Fla. 4th DCA 1973)