BILLY LYNCH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant was convicted of robbery. Of the five points raised on appeal, only the first four are properly before us and we conclude that none of them demonstrate reversible error. The fifth point attacks the constitutionality of Section 39.02(5) (c), F.S. (1973). The issue 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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)
- Bissonette v. State, 307 So. 2d 222 (Fla. 4th DCA 1975)