JOSEPH RAGIN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1977-07-26
No. 76-1527
Before HENDRY, C. J., and PEARSON and HUBBART, JJ.
348 So. 2d 923 Florida District Court of Appeal, Third District (1977) Caution
Cited by 36 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant appeals from a judgment of conviction and sentence for sale and possession of cocaine contending that he was denied a fair trial by certain comments made by the prosecutor in final argument to the jury. The defendant did not object to those comments nor did he make a motion for mistrial based on such comments. The law is clear that an appellate court “will review challenged arguments of prosecutors only when an objection is timely made.” State v. Jones, 204 So. 2d 515 (Fla.1967). See also Thomas v. State, 326 So. 2d 413 (Fla.1975). The judgments of convictions and sentences are, accordingly, affirmed.


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  • …iolation of the statute, but rather the application of a regulatory measure. School Board of Pinellas County v. Noble, 384 So. 2d 205, 206 (Fla. 1st DCA), review denied, 389 So. 2d 1114 (Fla.1980); Lester v. Department of Prof. and Occ. Regulations, 348 So. 2d 923 (Fla. 1st DCA 1977). Further, such a denial is without prejudice to an applicant’s subsequent attempts at registration.3 The clear and convincing evidence standard is also inconsistent with the discretionary authority granted by the Florida legisla…
  • Rush v. Dep't of Prof'l Reg., 448 So. 2d 26 (Fla. 1st DCA 1984)
    …atute or a construction which would deny the licensee the right to know in advance what conduct is proscribed by reading the language of the statute. Lester v. Department of Professional and Occupational Regulation, State Board of Medical Examiners, 348 So. 2d 923 (Fla. 1st DCA 1977). A podiatrist is one of six categories of licensed professionals allowed to prescribe, administer, and dispense controlled substances by the State of Florida. Section 893.02(14), Florida Statutes (1981). The Legislature has inve…
  • Ahmed M. Elmariah, M.D. v. Dep't of Prof'l Reg., 574 So. 2d 164 (Fla. 1st DCA 1990)
    …r of the licensee. State ex rel. Jordan v. Pattishall, 99 Fla. 296, 126 So. 147, 148 (1930); Taylor v. Department of Professional Regulation, 534 So. 2d 782, 784 (Fla. 1st DCA 1988); Lester v. Department of Professional and Occupational Regulations, 348 So. 2d 923, 925 (Fla. 1st DCA 1977). It is clear from our analysis that the Board ignored this rule of construction. Section 458.331(1)(l), Florida Statutes (1983), prohibits the making of “deceptive, untrue, or fraudulent representations in the practice of m…

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