COSTA T. VATHIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Capital Sexual Battery cases and more on FLexlaw
PER CURIAM.
Appellant argues that the evidence was insufficient to prove the elements of capital sexual battery and lewd, lascivious, or indecent assault. Even though the defense put on evidence, appellant was under no obligation thereafter to renew the motion for judgment of acquittal he made at the close of the state’s evidence. See Morris v. State, 721 So. 2d 725, 726 (Fla.1998). But that motion did not preserve the sufficiency points now argued on appeal. See, e.g., Clark v. State, 635 So. 2d 68, 68-69 (Fla. 1st DCA 1994); Showers v. State, 570 So. 2d 377, 378 (Fla. 1st DCA 1990); Cornwell v. State, 425 So. 2d 1189, 1190 (Fla. 1st DCA 1983). The motion for judgment of acquittal made at the close of the state’s case raised only the issue of the perpetrator’s identity. See G.W.B. v. State, 340 So. 2d 969, 970 (Fla. 1st DCA 1976), cert. denied, 348 So. 2d 948 (Fla.1977). The evidence of appellant’s identity was more than sufficient.
AFFIRMED.
ERVIN, BOOTH, and BENTON, JJ„ CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Global Satellite Commc'n Co. v. Sari Sudline and Fernand Sultan, 849 So. 2d 466 (Fla. 4th DCA 2003)…n Florida has been coupled with a Florida venue selection clause in a contract, courts have held that the nonresident defendant should reasonably expect to be haled into court in Florida. See, e.g., Desai Patel Sharma, Ltd. v. Don Bell Indus., Inc., 729 So. 2d 453 (Fla. 5th DCA 1999); Dolphin Aviation, Inc. v. High Country Helicopters, Inc., 695 So. 2d 811 (Fla. 2d DCA 1997); Jefferson Sav. & Loan Ass’n v. Greenman Group, Inc., 531 So. 2d 428 (Fla. 4th DCA 1988); Maritime Ltd. P’ship. v. Greenman Adver. Assoc…
-
Morales v. State, 170 So. 3d 63 (Fla. 1st DCA 2015)…e.g., Pryor v. State, 48 So. 3d 159 (Fla. 1st DCA 2010) (holding a motion for judgment of acquittal did not raise defendant’s knowledge and was therefore insufficient to address that element in a charge of tampering with evidence); Vathis v. State, 729 So. 2d 453 (Fla. 1st DCA 1999) (holding a motion for judgment of acquittal based on lack of identity insufficient to preserve issue of lack' of proof of other elements of sexual battery); Showers v. State, 570 So. 2d 377 (Fla. 1st DCA 1990) (holding a motion f…
-
Jetbroadband WV, LLC v. Mastec N. Am., Inc., 13 So. 3d 159 (Fla. 3d DCA 2009)…, at *3 (citing Burger King Corp. v. Rudzewicz, 471 U.S. 462, 472 n. 14, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985)); Global Satellite Commc’n Co. v. Sudline, 849 So. 2d 466, 469 (Fla. 4th DCA 2003); see Desai Patel Sharma, Ltd. v. Don Bell Indus., Inc., 729 So. 2d 453, 454 (Fla. 5th DCA 1999) (“Personal jurisdiction, unlike subject matter jurisdiction, may be conferred by agreement.”). Applying the five requirements of sections 685.101-.102 to the facts of this case, we find that Jet’s motion to dismiss for lack…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- G. W. B. v. State, 340 So. 2d 969 (Fla. 1st DCA 1976)
- Morris v. State, 721 So. 2d 725 (Fla. 1998)
- Showers v. State, 570 So. 2d 377 (Fla. 1st DCA 1990)
- Ford v. Wainwright, 425 So. 2d 1189 (Fla. 1st DCA 1983)
- Cornwell v. State, 425 So. 2d 1189 (Fla. 1st DCA 1983)
- Clark v. State, 635 So. 2d 68 (Fla. 1st DCA 1994)