From Casetext: Smarter Legal Research

Comer v. State

District Court of Appeal of Florida, First District
Apr 8, 1991
577 So. 2d 686 (Fla. Dist. Ct. App. 1991)

Opinion

No. 89-3447.

April 8, 1991.

Appeal from the Circuit Court for Bay County; W. Fred Turner, Judge.

Barbara M. Linthicum, Public Defender, Lynn A. Williams, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Edward C. Hill, Jr., Asst. Atty. Gen., Tallahassee, for appellee.


Comer appeals from his conviction and sentence for burglary of an occupied conveyance and robbery. Appellant contends that the trial court erred in instructing the jury on flight and that section 775.084, Florida Statutes (Supp. 1988), is unconstitutional.

The first point was not properly preserved for appeal, and we find no merit in the constitutional challenge. See Smith v. State, 567 So.2d 55 (Fla. 2nd DCA 1990); Arnold v. State, 566 So.2d 37 (Fla. 2nd DCA 1990); Roberts v. State, 559 So.2d 289 (Fla. 2nd DCA 1990), dismissed, 564 So.2d 488 (Fla. 1990); King v. State, 557 So.2d 899 (Fla. 5th DCA 1990), rev. denied, 564 So.2d 1086 (Fla. 1990). Cf. Barber v. State, 564 So.2d 1169 (Fla. 1st DCA 1990).

BOOTH and ZEHMER, JJ., concur.


Summaries of

Comer v. State

District Court of Appeal of Florida, First District
Apr 8, 1991
577 So. 2d 686 (Fla. Dist. Ct. App. 1991)
Case details for

Comer v. State

Case Details

Full title:DAVID SYLVESTER COMER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Apr 8, 1991

Citations

577 So. 2d 686 (Fla. Dist. Ct. App. 1991)