McLeod v. State

District Court of Appeal of Florida

McLeod v. State

537 So. 2d 1142, 14 Fla. L. Weekly 444, 1989 Fla. App. LEXIS 731, 1989 WL 11252

CourtDistrict Court of Appeal of Florida

DecidedFebruary 15, 1989

DocketNo. 4-86-2359

StatusPublished

This text of 537 So. 2d 1142 (McLeod 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.

Bluebook

McLeod v. State, 537 So. 2d 1142, 14 Fla. L. Weekly 444, 1989 Fla. App. LEXIS 731, 1989 WL 11252 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

The primary issue on appeal was not raised before the trial court. The error was not fundamental. Gibson v. State, 533 So.2d 338 (Fla. 5th DCA 1988) (on motion for rehearing). See also Coy v. Iowa, — U.S. -, 108 S.Ct. 2798, 101 L.Ed.2d 857 (1988); Glendening v. State, 536 So.2d 212 (Fla.1988). The issue therefore has been waived. Cf. Ray v. State, 403 So.2d 956 (Fla.1981); Clark v. State, 363 So.2d 331 (Fla.1978); Gibson v. State; Register v. State, 514 So.2d 1122 (Fla. 1st DCA 1987); Young v. State, 506 So.2d 13 (Fla. 5th DCA), rev. denied, 515 So.2d 231 (Fla.1987); Chambers v. State, 504 So.2d 476 (Fla. 1st DCA 1987).

Additionally, we conclude that there is no reasonable possibility that the error affected the verdict, and that it therefore was harmless. State v. DiGuilio, 491 So.2d 1129 (Fla.1986). See also Coy v. Iowa. We also find no error in the sentencing. Therefore, the judgment and sentence are affirmed.

HERSEY, C.J., and LETTS and STONE, JJ., concur.

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PER CURIAM.

The primary issue on appeal was not raised before the trial court. The error was not fundamental. Gibson v. State, 533 So.2d 338 (Fla. 5th DCA 1988) (on motion for rehearing). See also Coy v. Iowa, — U.S. -, 108 S.Ct. 2798, 101 L.Ed.2d 857 (1988); Glendening v. State, 536 So.2d 212 (Fla.1988). The issue therefore has been waived. Cf. Ray v. State, 403 So.2d 956 (Fla.1981); Clark v. State, 363 So.2d 331 (Fla.1978); Gibson v. State; Register v. State, 514 So.2d 1122 (Fla. 1st DCA 1987); Young v. State, 506 So.2d 13 (Fla. 5th DCA), rev. denied, 515 So.2d 231 (Fla.1987); Chambers v. State, 504 So.2d 476 (Fla. 1st DCA 1987).

Additionally, we conclude that there is no reasonable possibility that the error affected the verdict, and that it therefore was harmless. State v. DiGuilio, 491 So.2d 1129 (Fla.1986). See also Coy v. Iowa. We also find no error in the sentencing. Therefore, the judgment and sentence are affirmed.

HERSEY, C.J., and LETTS and STONE, JJ., concur.

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Bluebook (online)

537 So. 2d 1142, 14 Fla. L. Weekly 444, 1989 Fla. App. LEXIS 731, 1989 WL 11252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcleod-v-state-fladistctapp-1989.

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