Whittey v. State

Full title: James A. WHITTEY, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Dec 3, 2004

889 So. 2d 898 (Fla. Dist. Ct. App. 2004)

Opinion

No. 2D03-4762.

December 3, 2004.

Appeal from the Circuit Court for Pinellas County; Philip J. Federico, Judge.

James Marion Moorman, Public Defender, and James T. Miller, Special Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and C. Suzanne Bechard, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Whittey's challenges to section 90.404(b)(2), Florida Statutes (2003), and the jury instruction thereon were not preserved for appellate review and do not demonstrate fundamental error. We affirm without comment Whittey's remaining issue.

Affirmed.

NORTHCUTT, KELLY, and WALLACE, JJ., concur.