Florida District Courts of Appeal, 1972

Mack v. State

Mack v. State
Florida District Courts of Appeal · Decided December 12, 1972 · Barkdull, Haverfield, Pearson
270 So. 2d 382; 1972 Fla. App. LEXIS 5740 (Southern Reporter, Second Series)
Mack v. State

Cases that cite this one

5 later published cases cite this decision.

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Opinion of the Court

PER CURIAM.

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 *383not 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.

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