County Case No. MM96-06360A-XX
Appeal No. BB-54
May 8, 2000

FREDERICK MILLER,

Appellant,

vs.

STATE OF FLORIDA,

Appellee.

_____________________________

This is an appeal from the county court of Polk County, Judge Steven Selph presiding. Appellant, Frederick Miller, argues on appeal that the prosecution made improper comments during closing arguments. This court has jurisdiction. Fla. R. App. P. 9.030(c). The ruling of the county court is affirmed.

Generally, an improper comment is subject to a harmless error analysis. Goodwin v. State, WL1186439 *6 (Fla. 1999). Comments which do not go to the defendant’s constitutional rights, and are not prejudicial per se must be preserved by a contemporaneous objection on the record. Knight v. State, 746 So. 2d 423, 431 (Fla. 1998); Urbin v. State, 714 So. 2d 411, 418 (Fla. 1999)(condemning improper attorney speech and conduct). Appellate review is foreclosed by Appellant’s admitted failure to preserved the objection by a contemporaneous objection on the record.

Accordingly, it is ORDERED that the judgement and sentence are AFFIRMED.

ORDERED 8 May 2000.

Charles B. Curry

Chief Judge