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537 So. 2d 1142

537 So.2d 1142

14 Fla.L.Weekly 444

McLeod v. State

District Court of Appeal of Florida

Decided February 15, 1989

District Court of Appeal of Florida · decided 1989-02-15

Relies on 491 So. 2d 1129 - State v. DiGuilio · Coy v. Iowa · Clark v. State

Decided 1989-02-15

PER CURIAM.

¶1The primary issue on appeal was not raised before the trial court. The error was not fundamental. Gibson v. State, 533 So.2d 338 (Fla. 5th DCA 1988) (on motion for rehearing). See also Coy v. Iowa, — U.S. -, 108 S.Ct. 2798, 101 L.Ed.2d 857 (1988); Glendening v. State, 536 So.2d 212 (Fla.1988). The issue therefore has been waived. Cf. Ray v. State, 403 So.2d 956 (Fla.1981); Clark v. State, 363 So.2d 331 (Fla.1978); Gibson v. State; Register v. State, 514 So.2d 1122 (Fla. 1st DCA 1987); Young v. State, 506 So.2d 13 (Fla. 5th DCA), rev. denied, 515 So.2d 231 (Fla.1987); Chambers v. State, 504 So.2d 476 (Fla. 1st DCA 1987).

¶2Additionally, we conclude that there is no reasonable possibility that the error affected the verdict, and that it therefore was harmless. State v. DiGuilio, 491 So.2d 1129 (Fla.1986). See also Coy v. Iowa. We also find no error in the sentencing. Therefore, the judgment and sentence are affirmed.

HERSEY, C.J., and LETTS and STONE, JJ., concur.
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