Public-domain · open source
OpenJurist

469 So. 2d 849

469 So.2d 849

10 Fla.L.Weekly 1148

Rojas v. State

District Court of Appeal of Florida · decided 1985-05-07

Relies on 365 So. 2d 701 - Castor v. State · Clark v. State · 417 So. 2d 639 - Ferguson v. State

Decided 1985-05-07

PER CURIAM.

¶1Celedonio Rojas appeals his conviction and sentence for first degree murder with a firearm. We affirm.

¶2We find that appellant has presented no grounds warranting reversal. With regard to the allegedly improper prosecutorial comments, it appears from the record that appellant failed to comply with the contemporaneous objection rule, Ferguson v. State, 417 So.2d 639 (Fla.1982); State v. Cumbie, 380 So.2d 1031 (Fla.1980); Castor v. State, 365 So.2d 701 (Fla.1978); Clark v. State, 363 So.2d 331 (Fla.1978), and that the objected to comments constituted neither fundamental nor prejudicial error. See Ferguson; Cumbie. We remand, however, for the entry of a corrected sentence which accurately reflects the twenty-five year mandatory minimum sentence imposed by the trial court pursuant to sections 782.04 and 775.082, Florida Statutes (1981).

¶3Affirmed as modified.

/469/so2d/849 · .json · Public domain