Back v. State

Full title: JOHN BACK A/K/A JOHN IRVIN BACK, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: May 5, 1982

412 So. 2d 916 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-1009.

April 14, 1982. Rehearing Denied May 5, 1982.

Appeal from Circuit Court, Broward County; Barry J. Stone, Judge.

Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Trela J. White, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant, having failed to do so at trial, seeks to raise for the first time on appeal the issue of the lack of evidence of intent to commit theft. See Fla.R.Crim.P. 3.380(b); Patterson v. State, 391 So.2d 344 (Fla. 5th DCA 1980); De La Cova v. State, 355 So.2d 1227 (Fla. 3d DCA 1978). We affirm.

ANSTEAD, HERSEY and GLICKSTEIN, JJ., concur.