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577 So. 2d 686

Comer v. State

District Court of Appeal of Florida · decided 1991-04-08

Cited by 1 later decisions — most recently April 1993

1 state decisions

Relies on 564 So. 2d 480 - Cresswell v. State · State v. Jimeno · 557 So. 2d 899 - Caracciolo v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-04-08

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WOLF, Judge.

¶1Comer appeals from his conviction and sentence for burglary of an occupied conveyance and robbery. Appellant contends that the trial court erred in instructing the jury on flight and that section 775.084, Florida Statutes (Supp.1988), is unconstitutional.

¶2The first point was not properly preserved for appeal, and we find no merit in the constitutional challenge. See Smith v. State, 567 So.2d 55 (Fla. 2nd DCA 1990); Arnold v. State, 566 So.2d 37 (Fla. 2nd DCA 1990); Roberts v. State, 559 So.2d 289 (Fla. 2nd DCA 1990), dismissed, 564 So.2d 488 (Fla.1990); King v. State, 557 So.2d 899 (Fla. 5th DCA 1990), rev. denied, 564 So.2d 1086 (Fla.1990). Cf. Barber v. State, 564 So.2d 1169 (Fla. 1st DCA 1990).

BOOTH and ZEHMER, JJ., concur.
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