ERIC MCGILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1984-01-05
No. 82-1317
COBB, J., and DIAMANTIS, Associate Judge, concur.
443 So. 2d 433 Florida District Court of Appeal, Fifth District (1984) Positive Treatment
Cited by 3 cases
Topics
Circumstantial Evidence Jury Instruction Preservation Of Error For Appeal Circumstantial Evidence Jury Instructions

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Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from a conviction and sentence for armed robbery. The evidence is sufficient. Tibbs v. State, 397 So. 2d 1120 (Fla.1981). The court properly refused an instruction on circumstantial evidence. Miller v. State, 403 So. 2d 1014, 1017 (Fla. 5th DCA 1981).

The court erred in sentencing appellant to a minimum three year sentence because only his accomplice had a firearm. Earnest v. State, 351 So. 2d 957 (Fla.1977); Hillman v. State, 410 So. 2d 180 (Fla. 2d DCA 1982). The court did not err in retaining jurisdiction over the first one-third of the sentence but even if he had there was no objection below and thus the question was not preserved for appellate review.

Conviction affirmed; portion of sentence reversed and case remanded for correction of sentence.

COBB, J., and DIAMANTIS, Associate Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • McCARTHY v. State, 446 So. 2d 252 (Fla. 5th DCA 1984)
    …tructions to the jury for consideration during deliberation. Although we previously have expressed our concern about the problems attendant upon this practice, we have declined to reverse where no prejudice has been shown to result. Powell v. State, 443 So. 2d 433 (Fla. 5th DCA 1984); Fayson v. State, 442 So. 2d 1030 (Fla. 5th DCA 1983); DeWitt v. State, 442 So. 2d 1029 (Fla. 5th DCA 1983). In a more recent case, Woodring v. State, 448 So. 2d 529 (Fla. 5th DCA 1984), we reversed when the trial judge, upon t…
  • Crawley v. State, 455 So. 2d 1154 (Fla. 5th DCA 1984)
    …PER CURIAM. Affirmed. See McCarthy v. State, 446 So. 2d 252 (Fla. 5th DCA 1984); Powell v. State, 443 So. 2d 433 (Fla. 5th DCA 1984); Fayson v. State, 442 So. 2d 1030 (Fla. 5th DCA 1983); Dewitt v. State, 442 So. 2d 1029 (Fla. 5th DCA 1983). Cf. Woodring v. State, 448 So. 2d 529 (Fla. 5th DCA 1984). COBB, C.J., and DAUKSCH and CO-WART, JJ., concur.…
  • Draves v. State, 459 So. 2d 455 (Fla. 5th DCA 1984)
    …four separate cases that while sending the jury tape recorded instructions is a practice to be discouraged, it is not reversible error in the absence of a showing of prejudice. McCarthy v. State, 446 So. 2d 252 (Fla. 5th DCA 1984); Powell v. State, 443 So. 2d 433 (Fla. 5th DCA 1984); Fayson v. State, 442 So. 2d 1030 (Fla. 5th DCA 1983); DeWitt v. State, 442 So. 2d 1029 (Fla. 5th DCA 1983). This appellant has made no showing of prejudice. Second, the appellant argues that his concurrent sentences of five yea…

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