LADELL SPANN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1976-11-12
No. 75-1084
McNULTY, C. J., and BOARDMAN and SCHEB, JJ., concur.
339 So. 2d 275 Florida District Court of Appeal, Second District (1976) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The only meritorious point raised on appeal is whether the testimony by a state’s witness that appellant did not make a statement to the police officer after he was advised of his rights constituted fundamental error. There was no objection to the testimony at trial. On the basis of Clark v. State, 386 So. 2d 468 (Fla.2d D.C.A.1976), we hold that it was not fundamental error. AFFIRMED.

McNULTY, C. J., and BOARDMAN and SCHEB, JJ., concur.


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