Lynch v. State

District Court of Appeal of Florida

Lynch v. State

314 So. 2d 173, 1975 Fla. App. LEXIS 13692

CourtDistrict Court of Appeal of Florida

DecidedJune 13, 1975

DocketNo. 74-1213

StatusPublished

This text of 314 So. 2d 173 (Lynch v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lynch v. State, 314 So. 2d 173, 1975 Fla. App. LEXIS 13692 (Fla. Ct. App. 1975).

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Opinion

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.

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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.

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314 So. 2d 173, 1975 Fla. App. LEXIS 13692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lynch-v-state-fladistctapp-1975.

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