ROBERT DUNBAR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the judgment and sentence because the defendant waived review of the issues raised on appeal.
Robert Dunbar was convicted of burglary and sought review of his judgment and sentence. He raised two issues on appeal concerning the sufficiency of e…
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PER CURIAM.
Robert Dunbar seeks review of his judgment and sentence in this burglary case. Because of procedural limitations, we are unable to address either of the issues raised by Dunbar on appeal. Affirmed.
Dunbar challenges the sufficiency of the evidence presented at trial, but defense counsel failed to make any motions for judgment of acquittal or for a new trial. Therefore, Dunbar has waived review of this issue. See Stanley v. State, 626 So. 2d 1004, 1005 (Fla. 2d DCA 1993); Sundell v. State, 354 So. 2d 409, 410 (Fla. 3d DCA 1978).
Dunbar also claims that the identification procedure used by law enforcement officers was fundamentally flawed. However, because defense counsel failed to object to the witnesses’ testimony regarding this identification, Dunbar has waived this issue as well. See Mustepher v. State, 419 So. 2d 656, 656 (Fla. 2d DCA 1982); Lecoin v. State, 418 So. 2d 336, 336 (Fla. 3d DCA 1982).
Affirmed.
PARKER, C.J., and WHATLEY, J., and DANAHY, PAUL W., (Senior) Judge, Concur.
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Williams v. State, 845 So. 2d 987 (Fla. 1st DCA 2003)…ate’s case, the only issue is whether the State has presented sufficient evidence to establish a prima facie case. In viewing the State’s evidence, all rea [*989] sonable inferences of that evidence are drawn in favor of the State Leonard v. State, 731 So. 2d 712, 717 n. 2 (Fla. 2d DCA 1999)(citing Williams v. State, 511 So. 2d 740 (Fla. 5th DCA 1987)). Below, evidence was introduced as to the location, size, and wording of the sign. We do not read the statute as requiring the sign to include specific “magi…
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Shores v. State, 756 So. 2d 114 (Fla. 4th DCA 2000)…print got on the box of ammunition; however, his lawyer suggested in opening statement and argument that appellant could have touched the box of ammunition before the victim purchased it. The Florida case most factually similar is Leonard v. State, 731 So. 2d 712 (Fla. 2d DCA), rev. denied, 735 So. 2d 1286 (Fla.1999) in which, after a burglary and other crimes, the defendant’s fingerprints were found on a candy bar wrapper in the victim’s bedroom. Other candy bars of the same type were contained in a box in…
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Jackson v. State, 180 So. 3d 938 (Fla. 2015)…er Florida cases in which the evidence was held to be insufficient, including one case in which the defendant’s fingerprints were found on a candy bar wrapper purchased by the victim from the same store where the defendant shopped, Leonard v. State, 731 So. 2d 712 (Fla. 2d DCA 1999), and another case in which the defendant’s fingerprints were found on a gumball machine in a store, Mutcherson v. State, 696 So. 2d 420 (Fla. 2d DCA 1997). [*954] Instead, this case is more comparable to Darling v. State, 808 So.…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Frantz Lecoin v. State, 418 So. 2d 336 (Fla. 3d DCA 1982)
- Sundell v. State, 354 So. 2d 409 (Fla. 3d DCA 1978)
- Stanley v. State, 626 So. 2d 1004 (Fla. 2d DCA 1993)
- Solomon Mustepher v. State, 419 So. 2d 656 (Fla. 2d DCA 1982)