From Casetext: Smarter Legal Research

Mack v. State

District Court of Appeal of Florida, Third District
Dec 12, 1972
270 So. 2d 382 (Fla. Dist. Ct. App. 1972)

Opinion

No. 72-592.

December 12, 1972.

Appeal from the Criminal Court of Record for Dade County, Murray Goodman, J.

Phillip A. Hubbart, Public Defender and Bennett H. Brummer, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and PEARSON and HAVERFIELD, JJ.


Defendant-appellant, Anthony Eugene Mack, seeks reversal of his conviction and sentence after being found guilty on the charge of carrying a concealed firearm. Two police officers stopped defendant after noticing a suspicious bulge in his right pocket. The officers seized a revolver from defendant and subsequently an information was filed charging him with carrying a concealed firearm in violation of F.S. § 790.01, F.S.A. Pursuant to the trial court's adjudication defendant was sentenced to sixty (60) days in the Dade County Jail.

On appeal it is contended that the trial judge deprived defendant of a fair trial by repeatedly displaying a lack of neutrality toward defendant. No objections, however, were made at trial to any of the alleged incidents of misconduct. Since the errors complained of by defendant are not fundamental they cannot be raised for the first time on appeal. Dickenson v. State, Fla.App. 1972, 261 So.2d 561; Scarpati v. State, Fla.App. 1969, 224 So.2d 335; Mahone v. State, Fla.App. 1969, 222 So.2d 769; Worthington v. State, Fla.App. 1966, 183 So.2d 728.

Accordingly, the judgment and sentence herein appealed is affirmed.

Affirmed.


Summaries of

Mack v. State

District Court of Appeal of Florida, Third District
Dec 12, 1972
270 So. 2d 382 (Fla. Dist. Ct. App. 1972)
Case details for

Mack v. State

Case Details

Full title:ANTHONY E. MACK, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 12, 1972

Citations

270 So. 2d 382 (Fla. Dist. Ct. App. 1972)

Citing Cases

Scott v. State

PER CURIAM. The judgment of conviction is affirmed upon a holding that (1) any impropriety in two isolated…

Nichols v. State

These arguments have not been preserved for review, since defense counsel failed to object to questioning by…