ALBERT EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE; WILLIE EDWIN SAYLES, JR., APPELLANT, V. STATE OF FLORIDA, APPELLEE
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This case consolidates appeals from jury verdicts finding defendants guilty of conspiracy and robbery. The court affirmed the judgments and sentences, finding that an alleged improper communication with the jury was abandoned by one of the defendants.
No, the alleged improper communication with the jury does not constitute grounds for appeal because the defendant abandoned the motion by failing to present it to the trial court for a ruling.
“The record reveals that the only item of any possible appellate merit had to do with an alleged improper communication with the jury.”
Identifies the sole potential issue raised on appeal.
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Join FLexlaw to unlock all legal intelligenceWillie Edwin Sayles, Jr., and Albert Edwards were found guilty of conspiracy and robbery by jury verdicts. Sayles, through his attorney, filed an amen…
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These are consolidated appeals by Willie Edwin Sayles, Jr., and Albert Edwards from judgments and sentences entered pursuant to jury verdicts finding defendants guilty of conspiracy and robbery.
The record reveals that the only item of any possible appellate merit had to do with an alleged improper communication with the jury. This matter was raised for the first and only time in an amended motion for new trial filed by the Defendant-Sayles. However, he did not present this motion to the trial court for its consideration and ruling, but instead chose to file his notice of appeal with this court. This action constituted an abandonment of his motion and its contents. State ex rel. Faircloth v. District Court of Appeal, Third District, Fla.1966, 187 So.2d 890.
Affirmed.
SMITH, C. J., and ANDREWS and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Stephanos v. Stephanos (Fla. 4th DCA 2023)
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Stephanos v. Stephanos (Fla. 4th DCA 2023)…for adjudication at the time of the hearing, for which claimant failed to produce evidence or obtain a ruling, this court will consider the claim abandoned and the issue waived, and will consider the order final and appealable.”); Edwards v. State, 193 So. 2d 182, 183 (Fla. 4th DCA 1966) (holding defendant abandoned motion and its contents where motion was filed but defendant failed to present motion to the trial court for consideration and ruling). Prior to the first appeal, the former wife pled her clai…
Authorities Cited
- State of Fla. ex rel. Earl Faircloth v. The Dist. Court OF Appeal, 187 So. 2d 890 (Fla. 1966)