Gilling v. State, 82-1517

• Decision Date: 15 December 1983
• Docket Number: No. 82-1517,82-1517
• Citation: 443 So.2d 1024
• Parties: Linton Douglas GILLING, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 1024

443 So.2d 1024

Linton Douglas GILLING, Appellant, v. STATE of Florida, Appellee.

No. 82-1517.

District Court of Appeal of Florida, Fifth District.

Dec. 15, 1983.

Rehearing Denied Jan. 20, 1984.

H.S. Henderson, III, Melbourne, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

The State made a prima facie showing sufficient to withstand defendant's motion for judgment of acquittal, so we find no error in the denial of that motion. See Tibbs v. State, 397 So.2d 1120 (Fla.1981). Neither was there any objection to the introduction of certain State's evidence which appellant now contends was erroneously admitted. Appellant contends also that there was prosecutorial misconduct such as to destroy his fundamental right to a fair trial, but there was no objection at all to any of the prosecutor's comments now complained of, nor did appellant file a motion for new trial. Therefore none of these matters now complained of have been preserved for appeal. The judgment of conviction must therefore be

AFFIRMED.

ORFINGER, C.J., COWART, J., and WATSON, Associate Judge, concur.