P. C. MCCLOUD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1969-06-03
No. 68-62
Before CHARLES CARROLL, C. J., and HENDRY and SWANN, JJ.
223 So. 2d 394 Florida District Court of Appeal, Third District (1969) Positive Treatment
Cited by 2 cases

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Synopsis

The appellate court affirmed a rape conviction and life sentence, finding no substantial merit in the appellant's contentions regarding venue and the admission of evidence about a co-participant.


Holding

No, the court found no substantial merit in the appellant's contentions regarding venue and the admission of evidence about a co-participant.


Key Quotes

“The appellant contends that the state did not properly establish that the offense was committed in Dade County, Florida and that the trial court erred in admitting evidence concerning the co-participant of the offense.”

This quote outlines the specific legal arguments raised by the appellant on appeal.

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Facts & Procedural History

The appellant was charged with rape, pleaded not guilty, and was found guilty by a jury which recommended mercy. The court sentenced him to life impri…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant was charged by information with the crime of rape. Counsel was appointed to represent him. Thereupon he was arraigned, pleaded not guilty, was tried and found guilty as charged. The jury verdict included a recommendation of mercy. Pursuant to such verdict and recommendation, the court sentenced the defendant to a life term in the state penitentiary. This appeal is from the judgment and sentence.

The appellant contends that the state did not properly establish that the offense was committed in Dade County, Florida and that the trial court erred in admitting evidence concerning the co-participant of the offense.

We have carefully considered appellant’s contentions in the light of the record and briefs and find them to be without substantial merit.

No reversible error having been made to appear, the judgment and sentence are affirmed.

Affirmed.


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Citator

Cited By

  • McCLOUD v. Louie L. Wainwright, 508 F.2d 853 (5th Cir. 1975)
    …67, the jury found McCloud guilty as charged, but with a recommendation of mercy. Later the court sentenced him to life imprisonment. On June 3, 1969, the State District Court of Appeal affirmed the judgment and sentence. McCloud v. State, Fla.App., 223 So. 2d 394. McCloud filed two pro se motions in the state trial court for post-conviction relief. The first was filed in November, 1969, and was denied on June 22, 1970. That motion" did not challenge the composition of the grand jury or of the petit jury. The…

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