Florida District Courts of Appeal, 1989

Hamilton v. State

Hamilton v. State
Florida District Courts of Appeal · Decided December 12, 1989 · Baskin, Cope, Schwartz
554 So. 2d 15; 14 Fla. L. Weekly 2916; 1989 Fla. App. LEXIS 7007; 1989 WL 149635 (Southern Reporter, Second Series)

Hamilton v. State

Opinion of the Court

PER CURIAM.

Neither of the issues presented on appeal, the failure to give an instruction on the intoxication defense and the state’s pursuit of an allegedly prejudicial line of testimony and argument, was preserved in any respect below. Since we find that these grounds do not involve fundamental error, see Ray v. State, 403 So.2d 956 (Fla. 1981); Wasko v. State, 505 So.2d 1314 (Fla. 1987), reversal may not be predicated upon them.

Affirmed.

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