McMillan v. State

Full title: Harley Alexander McMILLAN, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Jan 31, 2014

135 So. 3d 386 (Fla. Dist. Ct. App. 2014)

Opinion

No. 5D13–2186.

2014-01-31

Harley Alexander McMILLAN, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for Orange County, Donald A. Myers, Jr., Judge. James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appeal from the Circuit Court for Orange County, Donald A. Myers, Jr., Judge.
James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.

AFFIRMED. See Hess v. State, 794 So.2d 1249, 1261 (Fla.2001) ( “Because we find sufficient evidence of felony murder, we need not address appellant's claim that the trial court erred in denying his motion for judgment of acquittal because the evidence was insufficient to establish premeditation.”); see also Brooks v. State, 762 So.2d 879, 896 (Fla.2000); Brown v. State, 644 So.2d 52, 53 (Fla.1994). TORPY, C.J., GRIFFIN and EVANDER, JJ., concur.