Paulk v. State

COBB, Judge.

The appellant, Marcus Paulk, who was convicted as a principal of two counts of attempted murder and one count of shooting within a building, contends the trial court should not have given a jury instruction on flight, and cites the recent case of Fenelon v. State, 594 So.2d 292 (Fla.1992), wherein the supreme court disapproved the *796instruction as constituting a judicial comment upon the evidence.

The state contends, and we agree, that the objection that the flight instruction was an improper comment upon the evidence was not presented to the court; hence it has not been preserved…