MILTON v. STATE

No. 82-1722.

438 So.2d 935 (1983)

Johnny T. MILTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 4, 1983.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Steven H. Haguel, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calianne P. Lantz, Asst. Atty. Gen., for appellee.

Before BARKDULL, DANIEL S. PEARSON and FERGUSON, JJ.


PER CURIAM.

The single issue raised by this appeal is whether the court erred by not giving an instruction pursuant to Section 90.404(2)(b)2, Florida Statutes (1981) on the limited purpose for which similar crime evidence was to be considered, at the time the evidence was admitted. We hold that in the absence of a request by defense counsel, the court was not obligated to give such an instruction at that time. Further, no fundamental error has been demonstrated. At...

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