AUSTIN DAKOTA FREEMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AUSTIN DAKOTA FREEMAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
174 So. 3d 1104
Florida District Court of Appeal, Fifth District (2015)
Positive Treatment
Cited by 2 cases
Opinion of the Court
AFFIRMED. Limited, boilerplate motions for judgment of acquittal, which are of a technical and pro-forma nature, are inadequate to preserve a sufficiency of evidence claim for appellate review. Brooks v. State, 762 So.2d 879, 895 (FIa.2000). Relief, if any, must come in a timely and sufficiently pled motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850.
ORFINGER, EVANDER and WALLIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Drejka v. State, 330 So. 3d 1055 (Fla. 2d DCA 2021)…ontends the evidence is lacking, and, if the evidence is purely circumstantial, outline his or her theory of defense and explain why it is not inconsistent with the circumstantial evidence. A 'boilerplate' motion is not enough."); Freeman v. State, 174 So. 3d 1104, 1104 (Fla. 5th DCA 2015) ("Limited, boilerplate motions for judgment of acquittal, which are of a technical and pro-forma nature, are inadequate to preserve a sufficiency of evidence claim for appellate review."). To the extent that we may review t…
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Wilkins v. State, 295 So. 3d 872 (Fla. 5th DCA 2020)
Authorities Cited
- Brooks v. State, 762 So. 2d 879 (Fla. 2000)