ROBERT E. GARNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1968-03-29
No. 67-64
ALLEN, Acting C. J., and PIERCE and HOBSON, JJ., concur.
208 So. 2d 499 Florida District Court of Appeal, Second District (1968) Positive Treatment
Cited by 4 cases

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.

Holding

The court held that there was sufficient evidence to convict the defendant and that a statutory violation claim was not preserved for appeal.

Facts & Procedural History

The defendant was convicted on multiple counts related to fraudulent motor vehicle certificates of title and stolen property. He appealed the guilty j…

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.

Topics
Concealing Stolen Property Preservation Of Error For Appeal Fundamental Error Sufficiency Of Evidence

Explore caselaw by topic → Browse Concealing Stolen Property cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

PER CURIAM.

Robert E. Garner, defendant below, takes this appeal from guilty judgments and sentences on seven counts of conspiracy to obtain fraudulent motor vehicle certificates of title, conspiracy to conceal stolen property, concealing stolen property, and procuring fraudulent motor vehicle certificates of title.

The appellant has raised many points on appeal. All points involved in this appeal except one are based on whether or not there was sufficient evidence to convict the defendant on the several counts contained in the information filed against him.

We have carefully examined the voluminous testimony and exhibits in the record and the law presented by the briefs filed herein. While there appears to be some conflicts in the testimony, we conclude these were properly resolved by the trier of fact and find further that there was sufficient, competent substantial evidence for the jury to convict.

The other - point on appeal, to-wit, that Florida Statutes, Section 919.05, F.S. A., was violated was not assigned as error and therefore we are precluded from considering the question because if there was error, it was not fundamental. Tracey v. State, Fla.1961, 130 So.2d 605.

Affirmed.

ALLEN, Acting C. J., and PIERCE and HOBSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Garner v. State, 218 So. 2d 460 (Fla. 2d DCA 1969)
    …el were represented at the trial by the same privately employed and jointly retained counsel. Judgment of conviction was appealed by Garner directly to this Court, and on March 29, 1968, the conviction was affirmed, rehearing denied April 19, 1968. 208 So. 2d 499. On May 27, 1968, defendant Garner filed his motion to vacate the judgment and sentence under CrPR 1.850, alleging six grounds why the judgment was void: (1) the trial Court “erroneously” allowed both defendants to be represented by the same attorne…
  • Navarro v. State, 264 So. 2d 469 (Fla. 3d DCA 1972)
    …PER CURIAM. Affirmed. Fine v. State, 153 Fla. 297, 14 So. 2d 408; Sinclair v. State, Fla.1950, 46 So. 2d 453; Tracey v. State, Fla.1961, 130 So. 2d 605; Garner v. State, Fla.App. 1968, 208 So. 2d 499; Neal v. State, Fla.App.1970, 234 So. 2d 158; Rule 3.190(b) (c), Cr.PR, 33 F.S.A.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw