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Florida District Courts of Appeal, 1976

Spann v. State

Spann v. State
Florida District Courts of Appeal · Decided November 12, 1976 · Boardman, McNulty, Scheb
339 So. 2d 275; 1976 Fla. App. LEXIS 15669 (Southern Reporter, Second Series)

Spann v. State

Opinion of the Court

PER CURIAM.

The only meritorious point raised on appeal is whether the testimony by a state’s witness that appellant did not make a statement to the police officer after he was advised of his rights constituted fundamental error. There was no objection to the testimony at trial. On the basis of Clark v. State, 386 So.2d 468 (Fla.2d D.C.A. 1976), we hold that it was not fundamental error.

AFFIRMED.

McNULTY, C. J., and BOARDMAN and SCHEB, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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