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Rodriguez v. State

District Court of Appeal of Florida, Third District
Mar 5, 1997
688 So. 2d 1023 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-1883

Opinion filed March 5, 1997.

An appeal from the Circuit Court for Dade County, Alex E. Ferrer, Judge.

LOWER TRIBUNAL NO. 96-1815

Bennett H. Brummer, Public Defender, and Suzanne M. Froix, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

Before COPE, LEVY and FLETCHER, JJ.


As the defendant-appellant's boilerplate motion for judgment of acquittal did not set forth the argument he now seeks to advance on appeal [based on L.J. v. State, 578 So.2d 360 (Fla. 3d DCA 1991)], we conclude that the challenge to the sufficiency of the evidence is not preserved for appellate review. See Fla. R. Crim. P. 3.380(b); James v. State, 525 So.2d 426, 427 (Fla. 1st DCA 1987); Johnson v. State, 478 So.2d 885, 886 (Fla. 3d DCA 1985); Patterson v. State, 391 So.2d 344, 345 (Fla. 5th DCA 1980); Daley v. State, 374 So.2d 59 (Fla. 3d DCA 1979); De La Cova v. State, 355 So.2d 1227, 1230 (Fla. 3d DCA 1978).

Affirmed.


Summaries of

Rodriguez v. State

District Court of Appeal of Florida, Third District
Mar 5, 1997
688 So. 2d 1023 (Fla. Dist. Ct. App. 1997)
Case details for

Rodriguez v. State

Case Details

Full title:FIDEL RODRIGUEZ, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Mar 5, 1997

Citations

688 So. 2d 1023 (Fla. Dist. Ct. App. 1997)