CHARLES WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1969-05-15
No. 2427
WALDEN, C. J., and CROSS and Mc-CAIN, JJ., concur.
222 So. 2d 428 Florida District Court of Appeal, Fourth District (1969) Negative Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant-appellant raises on appeal matters not contained in the record on appeal pertaining to evidence that was allegedly not disclosed by the prosecution during the time of the trial. Under the authority of McMann v. State, Fla.1951, 55 So.2d 538, and Johnson v. Town of Eatonville, Fla.App.1967, 203 So.2d 664, we are barred from reviewing any matter on appeal that is not made a part of the record on appeal. It would be completely improper for an appellate court to retry criminal cases on the appellate level from matters outside the record on appeal and we adhere to the established practice of review of matters only contained as part of the record.

Affirmed.

WALDEN, C. J., and CROSS and Mc-CAIN, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Bystrom v. Valencia Ctr., Inc., 432 So. 2d 108 (Fla. 3d DCA 1983)
    …efining “fair market value” the Court added (at p. 673): ... This court has previously held that testimony of potential future use is speculative and conjectural and incompentent as proof of fair market value. Bal Harbour Club, Inc. v. Dade County, 222 So. 2d 428 (Fla.App.1969); see also Williams v. Simpson, supra; R-C-B-S Corporation v. Walter, 225 So. 2d 426 (Fla.App.1969). However, it has also been well-recognized that a potential future use to which a piece of property is presently adaptable and which cr…
  • Comer v. State, 318 So. 2d 419 (Fla. 3d DCA 1975)
    …ed, defendant-appellant is precluded from presenting the alleged error for our consideration in that the omitted matter affects the determination of this court. See Costantino v. State, Fla.App.1969, 224 So. 2d 341; Williams v. State, Fla.App. 1969, 222 So. 2d 428; Farrington v. State, Fla.App. 1968, 207 So. 2d 513. In addition, immediately preceding the trial, the judge questioned two police officers as to their knowledge of the victim having a criminal record. Both responded in the negative. During the tri…
  • Town OF BAY Harbor Island v. Lancelot Assocs., 243 So. 2d 437 (Fla. 3d DCA 1971)
    …cate the income derived from the high rise and it would have been necessary to use prospective income in order to utilize the income method. Such action was proper on the part of the assessor. See Bal Harbour Club, Inc. v. Dade County, Fla.App.1969, 222 So. 2d 428; Williams v. Simpson, Fla. App. 1968, 209 So. 2d 262; and § 193.011, Fla.Stat., F.S.A. Having determined that this assessment of Dade County Tax Assessor was based on a consideration of all the criteria in § 193.011, Fla.Stat., F.S.A., and that it…

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