Platt v. State

Full title: GREGG PLATT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Nov 15, 1989

551 So. 2d 1277 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-3067.

November 15, 1989.

Appeal from the Circuit Court, Broward County, Russell E. Seay, Jr., J.

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles M. Fahlbusch, Asst. Atty. Gen., Miami, for appellee.

PER CURIAM.

AFFIRMED. As to the admission of evidence of appellant's involvement in a marijuana transaction, such evidence was admissible as inseparable crime evidence, not subject to the ten day notice provision required under section 90.404(2)(a), Florida Statutes (1987). Tumulty v. State, 489 So.2d 150, 153 (Fla. 4th DCA 1986), quoting Erhardt, Florida Evidence, § 404.16 at 138 (2d ed. 1984). See also Austin v. State, 500 So.2d 262 (Fla. 1st DCA 1986). The remaining points were not properly preserved to address on appeal.

ANSTEAD, GLICKSTEIN and WARNER, JJ., concur.