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Smith v. State

District Court of Appeal of Florida, Fifth District
Mar 26, 1981
395 So. 2d 575 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-425.

March 4, 1981. Rehearing Denied March 26, 1981.

Appeal from the Circuit Court, Seminole County, Volie A. Williams, Jr., J.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Edward M. Chew, Asst. Atty. Gen., Daytona Beach, for appellee.


Appellant appeals from a verdict of guilty and from the sentence imposed claiming that the trial court erred in denying his motions for judgments of acquittal made during trial because the evidence was insufficient to establish a prima facie case of the crime charged and that the trial court erred in sustaining the state's objection to a statement appellant's trial counsel made in closing argument.

A verdict is not appealable. See Fla.R.App.P. 9.140(b)(1) and § 924.06(1), Fla. Stat. (1979). The points raised on appeal relate to the final judgment adjudicating guilt, which was not appealed, but not to the legality of the sentence. As to the verdict this appeal is dismissed. The sentence is

AFFIRMED.

DAUKSCH, C.J., and COBB, J., concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, Fifth District
Mar 26, 1981
395 So. 2d 575 (Fla. Dist. Ct. App. 1981)
Case details for

Smith v. State

Case Details

Full title:PETER DANIEL SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Mar 26, 1981

Citations

395 So. 2d 575 (Fla. Dist. Ct. App. 1981)

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