Florida District Courts of Appeal, 2009

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided May 22, 2009 · Clark, Davis, Kahn
9 So. 3d 764; 2009 Fla. App. LEXIS 7163; 2009 WL 1425217 (Southern Reporter, Third Series)

Smith v. State

Opinion of the Court

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 *765fundamental error. See, e.g., State v. Fountain, 930 So.2d 865 (Fla. 2d DCA 2006).

AFFIRMED.

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

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