HOWARD ANDREW GRIFFITH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that it lacks jurisdiction to hear an appeal from an order denying a motion for a new trial.
The defendant was convicted of second-degree murder and subsequently filed a motion for a new trial, which was denied. He then appealed only the denia…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Appeal From Final Judgment cases and more on FLexlaw
The appellant was indicted on December 11, 1962, by a Dade County Grand Jury for first degree murder. He was tried and found guilty of second degree murder. A judgment of guilty and sentence of twenty years in the State prison were entered on January 24, 1963. The defendant filed a motion for a new trial on February 5, 1963. Subsequently, and without disposition of the motion for new trial, the defendant filed a petition for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. This petition was denied. Thereafter, on December 3, 1963, defendant’s motion for new trial was denied.
On February 26, 1964, within the time in which the defendant could have appealed the judgment or sentence, or both, a notice of appeal was filed directed solely to the order denying defendant’s motion for a new trial. On this appeal the only question presented to us is whether the trial court erred in denying the motion for new trial when it was made to appear that the appellant was indicted for first degree murder but convicted of second degree murder upon evidence that an innocent by-stander was killed by a shot fired at the defendant by the victim of a robbery perpetrated by the defendant, when the shot was fired in pursuit of the defendant. We have carefully reviewed this record and would hi.ld that the question presented should be answered adversely to the appellant upon the *598authority of Hornbeck v. State, Fla.1955, 77 So.2d 876.
Nevertheless, we cannot make such a decision because we must hold that we have no jurisdiction of this appeal. An appeal may be taken by tire State from an order granting a new trial. See § 924.07 (2) Fla.Stat., F.S.A. But no provision is made by the Florida Statutes or the Florida Appellate Rules for an appeal by the defendant from an order denying a motion for new trial. Such a denial must be assigned as error on an appeal from the final judgment. See Koch v. State Road Department of Florida, Fla. 1958, 106 So.2d 426.
Appeal dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Williams, 254 So. 2d 548 (Fla. 2d DCA 1971)…tute of first degree murder, whether the fatal shot is fired by the robber or a police officer, and even without any premeditated design to commit an unlawful homicide. Hornbeck v. State, Fla.1955, 77 So. 2d 876. In Griffith v. State, Fla.App.1965, 171 So. 2d 597, it was held by the 3rd District Court to be murder when a bystander is killed by a shot fired by the victim of the robbery at the defendant-robber. Also in Jefferson v. State, Fla.1961, 128 So. 2d 132, where the accidental discharge of the defenda…1 / 2
-
Fredrick Livingston v. State, 219 So. 3d 911 (Fla. 2d DCA 2017)…e matter seems to be well settled, it may be worth noting that a defendant in a criminal case may not appeal from an order denying a motion for new trial. The appeal is from the judgment and sentence. See Fla. R. App. P. 9.140(b); Griffith v. Stale, 171 So. 2d 597, 598 (Fla. 3d DCA 1965); see also State v. Smith, 201 So. 2d 828, 830 (Fla. 2d DCA 1967) (quoting Griffith with approval). . The State did not file a response to Livingston’s motion for new trial. At the hearing on the motion, the State did not rai…
-
State v. Honorable Harold S. Smith, 201 So. 2d 828 (Fla. 2d DCA 1967)…r filing the notice of appeal has expired, does the circuit court have [*830] jurisdiction to entertain and determine said appeal?” The Third District Court of Appeal, in a case which seems to be directly on point, Griffith v. State, Fla.App. 1965, 171 So. 2d 597, impliedly answered the above question in the negative. That court said, at page 598 of the opinion: “Nevertheless, we cannot make such a decision because we must hold that we have no jurisdiction of this appeal. An appeal may be taken by the State…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hornbeck v. State, 77 So. 2d 876 (Fla. 1955)
- Koch v. State Rd. Dep't OF Fla., 106 So. 2d 426 (Fla. 1958)