PETER DANIEL SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
COWART, Judge.
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 ap peal 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
McALLISTER v. State, 418 So. 2d 1203 (Fla. 5th DCA 1982)…s of finding of guilt by the jury.” A verdict is not appealable. Hannah v. State, [*1204] 402 So. 2d 555 (Fla. 5th DCA 1981); Hancock v. State, 402 So. 2d 428 (Fla. 5th DCA 1981); Burkett v. State, 400 So. 2d 138 (Fla. 5th DCA 1981); Smith v. State, 395 So. 2d 575 (Fla. 5th DCA 1981). Since the appeal was from a non-appealable order, this court has no jurisdiction of the appeal. Appellant’s “amended notice of appeal,” which identifies the judgment and sentence as the orders appealed from, cannot vest this c…
-
Hancock v. State, 402 So. 2d 428 (Fla. 5th DCA 1981)…ORFINGER, Judge. We dismiss the appeal because a verdict of guilty is not appealable. Smith v. State, 395 So. 2d 575 (Fla. 5th DCA 1981) [1981 FLW 564]. The notice of appeal is from the verdict and clearly states that there has been no adjudication of guilt. Although an adjudication and sentence subsequently appear in the record, there has been no appeal from eith…
-
Burkett v. State, 400 So. 2d 138 (Fla. 5th DCA 1981)…t of guilty and from the sentence imposed after adjudication. His present appointed counsel (not his original appellate counsel) has filed an Anders brief.1 Burk-ett has filed his own supplemental brief. A verdict is not appealable. Smith v. State, 395 So. 2d 575 (Fla.5th DCA 1981). Burkett argues on this appeal that the trial court erred in the sentencing by: (1) directly entering into the plea discussions; and (2) sentencing Burkett to a sentence following trial that was greater than the sentence the tria…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence