Opinion
No. 75-1084.
November 12, 1976. Rehearing Denied December 9, 1976.
Appeal from the Circuit Court, Sarasota County, Frank Schaub, J.
Jack O. Johnson, Public Defender, and Steven H. Denman, Asst. Public Defender, Bartow, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.
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, 336 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.