J.B.H. v. State

Full title: J.B.H., A CHILD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 4, 1986

498 So. 2d 613 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-1819.

December 4, 1986.

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joseph N. D'Achille, Jr., Asst. Atty. Gen., Daytona Beach, for appellee.

ON MOTION FOR REHEARING

COBB, Judge.

The appellee's motion for rehearing is granted and the opinion of this court issued on October 2, 1986, is hereby vacated by this opinion.

The appellant failed to contest the sufficiency of the evidence at any point in the proceeding below. Thus, this issue was not preserved for appellate review. See Mancini v. State, 273 So.2d 371 (Fla. 1973); Sanderson v. State, 390 So.2d 744 (Fla. 5th DCA 1980).

Accordingly, the judgment entered below is affirmed.

DAUKSCH and ORFINGER, JJ., concur.