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McLEOD v. STATE

No. 4-86-2359.

537 So.2d 1142 (1989)

Frederick Ernest McLeod, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 15, 1989.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Eddie J. Bell and Joan Fowler, Asst. Attys. Gen., West Palm Beach, for appellee.

PER CURIAM.

The 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, ...

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