Mack v. State

270 So. 2d 382, 1972 Fla. App. LEXIS 5740

Opinion

PER CURIAM.

Defendant-appellant, Anthony Eugene Mack, seeks reversal of his conviction and sentence after being found guilty on the charge of carrying a concealed firearm. Two police officers stopped defendant after noticing a suspicious bulge in his right pocket. The officers seized a revolver from defendant and subsequently an information was filed charging him with carrying a concealed firearm in violation of F.S. § 790.01, F.S.A. Pursuant to the trial court’s adjudication defendant was sentenced to sixty (60) days in the Dade County Jail.

On appeal it is contended that the trial judge deprived defendant of a fair trial by repeatedly displaying a lack of neutrality toward defendant. No objections, however, were made at trial to any of the alleged incidents of misconduct. Since the errors complained of by defendant are not fundamental they cannot be raised for the first time on appeal. Dickenson v. State, Fla.App. 1972, 261 So.2d 561; Scarpati v. State, Fla.App.1969, 224 So.2d 335; Mahone v. State, Fla.App.1969, 222 So.2d 769; Worthington v. State, Fla.App.1966, 183 So.2d 728.

Accordingly, the judgment and sentence herein appealed is affirmed.

Affirmed.