KOEHLER v. STATE (2025)

District Court of Appeal of Florida, Third District.

Robert Eugene KOEHLER, Appellant, v. The STATE of Florida, Appellee.

No. 3D23-0736

Decided: January 29, 2025

Before SCALES, LINDSEY and BOKOR, JJ.

Carlos J. Martinez, Public Defender, and Deborah Prager, Assistant Public Defender, for appellant. John Guard, Acting Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee.

Affirmed. See State v. Cumbie, 380 So. 2d 1031, 1033 (Fla. 1980) (holding that defendant waives objection to improper prosecutorial comments by failing to contemporaneously object and move for mistrial during closing argument); Kilgore v. State, 688 So. 2d 895, 898 (Fla. 1996) (describing fundamental error exception to preservation); Chandler v. State, 702 So. 2d 186, 191 n.5 (Fla. 1997) (noting that denigrating comments describing defendant as “brutal rapist and conscienceless murderer” were not so prejudicial as to constitute fundamental error).

PER CURIAM.

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