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Steven Allen MATTISON, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2012-06-01No. No. 1D11-1950
87 So. 3d 1290

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Opinion

majority opinion

PER CURIAM.

AFFIRMED.

WOLF and RAY, JJ., concur. MAKAR, J., concurs With Opinion.

concurrence 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. Affir-mance in this case does not condone the arguments at issue; it is required only because the fundamental error threshold was ascended but not reached.