Opinion
No. 5D06-3595.
August 10, 2007.
Appeal from the Circuit Court for Osceola County, Jon B. Morgan, Judge.
James S. Purdy, Public Defender, and Henry T. Swann, III, Assistant Public Defender, Daytona Beach, for Appellant.
Bill McCollum, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.
AFFIRMED. See Battle v. State, 911 So.2d 85, 89 (Fla. 2005) (holding fundamental error is that which reaches down into the trial's validity to the extent that a guilty verdict could not have been obtained without the assistance of the error).
PALMER, C.J., THOMPSON and SAWAYA, JJ., concur.