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M.L.D. v. State

District Court of Appeal of Florida, Fifth District
May 30, 1997
694 So. 2d 128 (Fla. Dist. Ct. App. 1997)

Opinion

No. 96-2376.

May 30, 1997.

Appeal from the Circuit Court for Orange County; Walter Komanski, Judge.

James B. Gibson, Public Defender, and Lyle Hitchens, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Childs, Assistant Attorney General, Daytona Beach, for Appellee.


ON MOTION FOR REHEARING


Upon consideration of appellee's Motion for Rehearing, we grant the motion, withdraw our opinion filed March 27, 1997, and substitute this opinion.

M.L.D. appeals his adjudication and disposition for the misdemeanor offense of trespass on grounds or facilities of a public school. M.L.D. was suspended from school and arrested when he returned before his suspension expired. On appeal, M.L.D. argues, for the first time, that he was denied equal protection because another suspended student returned to school the same day he did, but was not arrested and charged. An appellate court will not consider an issue unless a contemporaneous objection to an alleged error was raised below or unless the error was fundamental. Wykle v. State, 659 So.2d 1287, 1289 (Fla. 5th DCA 1995). M.L.D. did not raise this issue at the adjudicatory hearing and the error was not fundamental.

§ 228.091 (1)b 1., Fla. Stat. (1995).

AFFIRMED.

HARRIS and THOMPSON, JJ., concur.

DAUKSCH, J., concurs in conclusion only.


Summaries of

M.L.D. v. State

District Court of Appeal of Florida, Fifth District
May 30, 1997
694 So. 2d 128 (Fla. Dist. Ct. App. 1997)
Case details for

M.L.D. v. State

Case Details

Full title:M.L.D., A Child, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: May 30, 1997

Citations

694 So. 2d 128 (Fla. Dist. Ct. App. 1997)