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Hood v. State

District Court of Appeal of Florida, Fourth District
Jan 17, 1974
287 So. 2d 110 (Fla. Dist. Ct. App. 1974)

Summary

explaining that a request for a jury instruction or an objection to the failure to give an instruction is necessary to raise error on appeal

Summary of this case from Martin v. State

Opinion

No. 73-531.

December 14, 1973. Rehearing Denied January 17, 1974.

Appeal from the Circuit Court for Broward County, Thomas J. Reddick, Jr., J.

Warner S. Olds, Public Defender, and William W. Herring, Asst. Public Defender, Fort Lauderdale, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Thomas M. Carney and Frank B. Kessler, Asst. Attys. Gen., West Palm Beach, for appellee.


We have reviewed the briefs and record on appeal and on the basis thereof we are of the opinion that no reversible error has been demonstrated. Either a request for a jury instruction or an objection to the failure to give an instruction is necessary to raise error on appeal; likewise, allegedly improper arguments of a prosecuting officer will be reviewed only when an objection is timely made. Henry v. State, Fla.App. 1973, 277 So.2d 78; Alford v. State, Fla.App. 1973, 280 So.2d 479; Jones v. State, Fla.App. 1967, 197 So.2d 829. By reason of not having proceeded in accordance with the foregoing and finding that the matters complained of for the first time on appeal do not constitute fundamental error, the defendant cannot now raise as error the trial court's instructions or the prosecutor's comments. See State v. Bryan, Supreme Court of Florida Case, 287 So.2d 73, opinion filed November 14, 1973; Williams v. State, Fla. 1971, 247 So.2d 425; Willcox v. State, Fla.App. 1972, 258 So.2d 298; Smith v. State, Fla.App. 1971, 243 So.2d 602; Jones v. State, Fla.App. 1967, 197 So.2d 829; DeLaine v. State, Fla. 1972, 262 So.2d 655. But see Whitehead v. State, Fla.App. 1971, 245 So.2d 94; Bagley v. State, Fla.App. 1960, 119 So.2d 400.

Accordingly, the judgment herein appealed is affirmed.

CROSS, MAGER, and DOWNEY, JJ., concur.


Summaries of

Hood v. State

District Court of Appeal of Florida, Fourth District
Jan 17, 1974
287 So. 2d 110 (Fla. Dist. Ct. App. 1974)

explaining that a request for a jury instruction or an objection to the failure to give an instruction is necessary to raise error on appeal

Summary of this case from Martin v. State
Case details for

Hood v. State

Case Details

Full title:RICHARD HOOD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 17, 1974

Citations

287 So. 2d 110 (Fla. Dist. Ct. App. 1974)

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