Jones v. State

ERVIN, Judge.

Appellant raises five issues challenging his attempted robbery conviction. We affirm the first two regarding jury instructions and the denial of his motion for new trial based on Ray v. State, 403 So.2d 956 (Fla.1981). The third issue regarding prosecutorial misconduct during cross-examination of a defense witness and closing argument was not preserved for appellate review and does not constitute fundamental error; therefore, we affirm as to that issue. We also affirm appellant’s fourth issue asserting ineffective assistance of trial counsel, see Loren v. State, 601 So.2d 271…