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Bellamy v. State

District Court of Appeal of Florida, Fourth District
Apr 18, 1972
267 So. 2d 374 (Fla. Dist. Ct. App. 1972)

Opinion

No. 70-245.

April 18, 1972.

Appeal from the Criminal Court of Record for Orange County, Warren H. Edwards, J.

Walter N. Colbath, Jr., Public Defender, and Carl V.M. Coffin, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Andrew I. Friedrich, Asst. Atty. Gen., West Palm Beach, for appellee.


The point raised on appeal, which essentially questions the sufficiency of the evidence to sustain the conviction for aggravated assault, was not properly preserved for appellate review because the issue of the sufficiency of the evidence was not first submitted to the court by timely motion for new trial. State v. Owens, Fla. 1970, 233 So.2d 389. Were the question properly before us on the merits, the case of McCullers v. State, Fla.App. 1968, 206 So.2d 30 would require affirmance.

Reversible error not having been made to appear, the judgment is affirmed.

REED, C.J., and WALDEN and OWEN, JJ., concur.


Summaries of

Bellamy v. State

District Court of Appeal of Florida, Fourth District
Apr 18, 1972
267 So. 2d 374 (Fla. Dist. Ct. App. 1972)
Case details for

Bellamy v. State

Case Details

Full title:ANNIE RUTH BELLAMY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 18, 1972

Citations

267 So. 2d 374 (Fla. Dist. Ct. App. 1972)