Smith v. State

Full title: Corey Lane SMITH, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, First District

Date published: May 22, 2009

9 So. 3d 764 (Fla. Dist. Ct. App. 2009)

Opinion

No. 1D08-1490.

May 22, 2009.

An appeal from the Circuit Court for Nassau County. Robert M. Foster, Judge.

James T. Miller, Jacksonville, for Appellant.

Bill McCollum, Attorney General, and Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Corey Lane Smith appeals his convictions on four counts of lewd and lascivious molestation on a victim under age twelve and asserts two points of alleged fundamental error. We affirm the second point without comment. As to the first point, we find the prosecutor's statements in closing argument do not rise to the level of fundamental error. See, e.g., State v. Fountain, 930 So.2d 865 (Fla. 2d DCA 2006).

AFFIRMED.

KAHN, DAVIS, and CLARK, JJ., concur.