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Mack v. State

District Court of Appeal of Florida, Second District
May 22, 1991
580 So. 2d 294 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-02460.

May 22, 1991.

Appeal from the Circuit Court for Pinellas County, Richard A. Luce, J.

James Marion Moorman, Public Defender, Bartow and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


The appellant contends the evidence was insufficient to support his conviction for grand theft of a firearm. The record reflects, however, that the appellant, who was representing himself, voluntarily absented himself from the trial court proceedings without leave of court. Consequently, the trial continued without him. Since no objections or motions relative to the sufficiency of the evidence were interposed until the case was appealed, the appellant cannot now raise the issue for review. See Mancini v. State, 273 So.2d 371 (Fla. 1983), and Sanderson v. State, 390 So.2d 744 (Fla. 2nd DCA 1980).

Accordingly, the appellant's conviction and sentence for grand theft of a firearm are affirmed.

SCHEB, A.C.J., and LEHAN, J., concur.


Summaries of

Mack v. State

District Court of Appeal of Florida, Second District
May 22, 1991
580 So. 2d 294 (Fla. Dist. Ct. App. 1991)
Case details for

Mack v. State

Case Details

Full title:NATHAN JEROME MACK, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: May 22, 1991

Citations

580 So. 2d 294 (Fla. Dist. Ct. App. 1991)