WILLIE ROBINSON, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1981-06-23

Nos. 80-1937, 80-2149

Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.

400 So. 2d 172 Florida District Court of Appeal, Third District (1981) Positive Treatment

Cited by 4 cases

Topics

Preservation Of Issues For Appeal Motion For Judgment Of Acquittal

Explore caselaw by topic → Browse Preservation Of Issues For Appeal cases and more on FLexlaw

Opinion of the Court

PER CURIAM.

We affirm the judgments of conviction upon a holding that (1) the prosecutor’s comment, “We have shown it beyond a reasonable doubt, since there wasn’t one statement from that witness stand that conflicted with that conclusion,” addressed the evidence as it existed before the jury, not the defendant’s failure to testify, and was therefore within permissible bounds, State v. Jones, 204 So. 2d 515 (Fla.1967); White v. State, 348 So. 2d 368 (Fla. 3d DCA 1977); and (2) defendant’s contention that the evidence of concealment was insufficient to support a conviction on the count charging him with carrying a concealed firearm is rejected, because (a) this contention was not preserved for review where the defendant’s motion for judgment of acquittal claimed merely that the weapon was not shown to be a firearm, V.J.T. v. State, 390 So. 2d 1212 (Fla. 3d DCA 1980); Daley v. State, 374 So. 2d 59 (Fla. 3d DCA 1979), and (b) the evidence of concealment was, in any event, sufficient, Oliver v. State, 393 So. 2d 1191 (Fla. 3d DCA 1981).

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Williams v. State, 400 So. 2d 542 (Fla. 3d DCA 1981)

…State, 380 So. 2d 1064 (Fla. 2d DCA 1980). The claim of error in the prosecutor’s final argument is also without substance. White v. State, 377 So. 2d 1149 (Fla.1979), cert. denied, - U.S. -, 101 S.Ct. 129, 66 L.Ed.2d 54 (1980); Robinson v. State, 400 So. 2d 172 (Fla.1981).…
Carrero v. State, 470 So. 2d 746 (Fla. 3d DCA 1985)

…1 L.Ed.2d 319, cert. denied, 454 U.S. 1164, 102 S.Ct. 1039, 71 L.Ed.2d 320 (1982); Hornbeck v. State, 77 So. 2d 876 (Fla.1955) (en banc); Garmon v. State, 434 So. 2d 1036 (Fla. 3d DCA 1983), rev. denied, 443 So. 2d 979 (Fla.1984); Robinson v. State, 400 So. 2d 172 (Fla. 3d DCA 1981); Delagado v. State, 361 So. 2d 726 (Fla. 4th DCA 1978); Turner v. State, 337 So. 2d 409 (Fla. 4th DCA 1976); Van Horn v. State, 334 So. 2d 43 (Fla. 3d DCA 1976), cert. denied, 341 So. 2d 1086 (Fla.1977); Rice v. State, 243 So. 2d…

Authorities Cited

State v. Jones, 204 So. 2d 515 (Fla. 1967)
White v. State, 348 So. 2d 368 (Fla. 3d DCA 1977)
Carlton O. Daley v. State, 374 So. 2d 59 (Fla. 3d DCA 1979)
State v. Pita, 393 So. 2d 1191 (Fla. 3d DCA 1981)
V. J. T. v. State, 390 So. 2d 1212 (Fla. 3d DCA 1980)

Full citator, related cases, and AI research tools

Open in FLexlaw