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WHITTEY v. STATE

No. 2D03-4762.

889 So.2d 898 (2004)

James A. WHITTEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 3, 2004.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and James T. Miller, Special Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and C. Suzanne Bechard, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Whittey's challenges to section 90.404(b)(2), Florida Statutes (2003), and the jury instruction thereon were not preserved for appellate review and do not demonstrate fundamental error. We affirm without comment Whittey's remaining issue.

Affirmed.

NORTHCUTT, KELLY, and WALLACE...

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