11-1950 STEVEN ALLEN MATTISON, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 11-1950

Case Date: 06/01/2012

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA STEVEN ALLEN MATTISON, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed June 1, 2012. An appeal from the Circuit Court for Bay County. Brantley S. Clark, Jr., Judge. Katharine B. Heyward, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Giselle D. Lylen, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-1950

PER CURIAM. AFFIRMED. WOLF and RAY, JJ., CONCUR. MAKAR, J., CONCURS WITH OPINION.

MAKAR, J., concurring. While I concur in affirmance, I note that the prosecutor's arguments to the jury raise a number of significant concerns that might otherwise result in reversal but for the lack of full and timely objections. The totality of these arguments, which push fundamental error analysis to the brink, unnecessarily injected potential legal error in this case for no valid purpose. Affirmance in this case does not condone the arguments at issue; it is required only because the fundamental error threshold was ascended but not reached.

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