VERONICA SANTINI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ORFINGER, Judge.
The evidence is sufficient to sustain appellant’s conviction on three counts of second degree grand theft1 on the theory that she participated in planing the thefts and on the later possession of the stolen property. There is adequate proof of specific criminal intent and knowledge of the stolen character of the goods. See State v. Allen, 362 So. 2d 10 (Fla. 1978); State v. Houck, 374 So. 2d 86 (Fla. 4th DCA 1979).
As to Counts II and III, appellant contends that the State failed to prove that the stolen merchandise was valued at more than $100, but this contention is raised for the first time on appeal, and was not raised in the trial court. Having failed to raise this issue in the trial court in either the motion for judgment of acquittal or in the motion for new trial, appellant has not preserved this issue for appellate review. Castor v. State, 365 So. 2d 701 (Fla. 1978); Sanderson v. State, 390 So. 2d 744 (Fla. 5th DCA 1980). The judgments of conviction are affirmed.
AFFIRMED.
DAUKSCH, C. J., and COWART, J., concur. . § 812.014 Fla.Stat. (1979).
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Grover Evans v. State, 452 So. 2d 1040 (Fla. 2d DCA 1984)…n objection as to proof of value in his motion for judgment of acquittal and argued the point in his motion for new trial. Thus, the issue has been properly preserved for our review. See Mancini v. State, 273 So. 2d 371 (Fla.1973); Santini v. State, 404 So. 2d 843 (Fla. 5th DCA 1981). The state charged Evans with theft of coats of the value of $100 or more from a Sears store in Clearwater on February 7 or 8, 1983. Defendant pled not guilty and was tried and found guilty as charged by a jury. The evidence re…
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Williams v. State, 516 So. 2d 975 (Fla. 5th DCA 1987)…nd to be argued on appeal or review must be part of that presentation if it is to be considered preserved. See Fla.R.Crim.Pr. 3.380(b) (judgment of acquittal motion must fully set forth the ground upon which it is based). See also Santini v. State, 404 So. 2d 843 (Fla. 5th DCA 1981); Sanderson v. State, 390 So. 2d 744 (Fla. 5th DCA 1980). In Royal the Florida Supreme Court stated that its prior decisions defining robbery had been consistent since Colbey v. State, 46 Fla. 112, 35 So. 189 (1903). It claimed f…
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State v. Rodriguez, 673 So. 2d 187 (Fla. 3d DCA 1996)…la. 3d DCA 1995), the downward departure sentence imposed below is affirmed because the state made no contemporaneous claim to that effect and thus did not preserve the issue. See Evans v. State, 619 So. 2d 520 (Fla. 1st DCA 1993); Santini v. State, 404 So. 2d 843 (Fla. 5th DCA 1981); Pinder v. State, 396 So. 2d 272 (Fla. 3d DCA 1981); State v. Hinton, 305 So. 2d 804, 808 n. 2 (Fla. 4th DCA 1975). . Barbera v. State, 505 So. 2d 413 (Fla.1987). . Herrin v. State, 568 So. 2d 920 (Fla.1990).…
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- Castor v. State, 365 So. 2d 701 (Fla. 1978)
- State v. Allen, 362 So. 2d 10 (Fla. 1978)
- Sanderson v. State, 390 So. 2d 744 (Fla. 5th DCA 1980)
- State v. Houck, 374 So. 2d 86 (Fla. 4th DCA 1979)