HORACE HARVEY AND FREDIE IRVIN, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed convictions of two juveniles for attempted burglary, holding that the evidence was sufficient and that procedural errors regarding adult sanctions cannot be raised for the first time on appeal.
Evidence was sufficient to support conviction for attempted burglary, and procedural errors regarding adult sanctions that were not raised at trial cannot be raised for the first time on appeal.
[1] Procedural errors regarding statutory criteria for imposing adult sanctions on juveniles that are not raised at trial cannot be raised for the first time on appeal unless…
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Join FLexlaw to unlock all legal intelligenceHarvey and Irvin, both juveniles at the time of charging, were charged with burglary and tried together; the jury convicted Irvin of attempted burglar…
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SHARP, Judge.
Appellants Harvey and Irvin were charged by informations with burglary. Harvey was also charged with battery on a law enforcement officer. The cases were consolidated for trial. The jury returned a verdict of guilty of attempted burglary against Irvin and verdicts of guilty of attempted burglary and simple assault against Harvey. At the time appellants were charged with the offense they were both juveniles. Irvin contends that his motion for judgment of acquittal should have been granted because the evidence was insufficient to uphold his conviction. We hold the evidence was sufficient to find Irvin guilty of burglary and affirm his conviction and sentence.
Harvey urges as error the trial judge’s failure to consider the criteria set forth in section 39.111(6)(c), Florida Statutes (1979), before imposing adult sanctions. These points were not raised before the trial court. They concern procedural errors which are not fundamental; therefore, they cannot be raised for the first time on appeal. Dunman v. State, 400 So. 2d 838 (Fla. 5th DCA 1981); Jones v. State, 384 So. 2d 956 (Fla. 5th DCA), cert. denied, 392 So. 2d 1375 (Fla.1980); Smith v. State, 378 So. 2d 313 (Fla. 5th DCA), approved, 394 So. 2d 407 (Fla.1980). Accordingly, the judgment and sentence of Harvey are affirmed without prejudice to his right to seek appropriate relief, e.g., through Florida Rule of Criminal Procedure 3.850. See Smith v. State, 378 So. 2d 313 (Fla. 5th DCA), approved, 394 So. 2d 407 (Fla.1980).
AFFIRMED.
DAUKSCH, C. J., and COBB, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Walcott v. State, 460 So. 2d 915 (Fla. 5th DCA 1984)…ndings required by § 39.111(6), Fla.Stat.). O’Berry v. State, 406 So. 2d 1251 (Fla. 5th DCA 1981), cited Rubasky and Dun-man, and applied the COR to a sentencing error (failure to make findings required by § 39.111(6), Fla.Stat.). Harvey v. State, 408 So. 2d 579 (Fla. 5th DCA 1981), cited Smith, Jones and Dun-man and applied the COR to a sentencing error (failure to make findings required by § 39.111(6), Fla.Stat.). Bentley v. State, 411 So. 2d 1361 (Fla. 5th DCA 1982), cited Smith, Jones, Singleton, and B…
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Smith v. State, 416 So. 2d 862 (Fla. 1st DCA 1982)…post-conviction relief, Rule 3.850, Florida Rules of Criminal Procedure, with respect to the trial court’s failure to comply with the requirements of Section 39.111(6), Florida Statutes (1981), before imposing adult sanctions. See, Harvey v. State, 408 So. 2d 579 (Fla. 5th DCA 1981). LARRY G. SMITH, JOANOS and THOMPSON, JJ., concur.…
Authorities Cited
- Smith v. State, 378 So. 2d 313 (Fla. 5th DCA 1980)
- Jones v. State, 384 So. 2d 956 (Fla. 5th DCA 1980)
- Smith v. State, 394 So. 2d 407 (Fla. 1980)
- Dunman v. State, 400 So. 2d 838 (Fla. 5th DCA 1981)