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SPANN v. STATE

No. 75-1084.

339 So.2d 275 (1976)

Ladell SPANN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 9, 1976.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Steven H. Denman, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The only meritorious point raised on appeal is whether the testimony by a state's witness that appellant did not make a statement to the police officer after he was advised of his rights constituted fundamental error. There was no objection to the testimony at trial. On the basis of Clark v. State, 336 So.2d 468 (Fla.2d D.C.A. 1976), we hold that it was not fundamental error.

AFFIRMED.

McNULTY...

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