ALEXANDER GRAHAM, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1972-02-22
No. 71-868
Before SWANN, C. J., and HENDRY and BARKDULL, JJ.
258 So. 2d 317 Florida District Court of Appeal, Third District (1972) Positive Treatment
Cited by 2 cases

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Holding

The court held that there was sufficient evidence to sustain the conviction and that the argument regarding an allegedly bad arrest was not preserved for appeal.


Facts & Procedural History

Defendant was found guilty after a non-jury trial of possession of a stolen automobile and unlawful buying, receiving, or concealing stolen property. …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Alexander Graham was found guilty, after a non-jury trial, of possession of a stolen automobile and unlawful buying, receiving or concealing stolen property. He was placed on probation and has appealed.

His first point on appeal is directed to the sufficiency of the evidence to prove he had possession of any stolen property or knowledge that the property was, in fact, stolen. There was sufficient, competent and substantial evidence before the trier of fact to sustain the finding that defendant had possession and knowledge that the property in question was stolen.

Defendant’s argument, that the trial court erred in denying his motion for a judgment of acquittal because of “an alleged bad arrest”, is without merit as this point was not properly preserved for appeal. Albano v. State, Fla.1956, 89 So.2d 342, and *318Bertone v. State, Fla.App. 1969, 224 So.2d 400.

These are the only two points which are properly before us and we do not, therefore, consider other arguments advanced on behalf of defendant.

The judgment is

Affirmed.


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Citator

Cited By

  • Tunsil v. State, 351 So. 2d 742 (Fla. 3d DCA 1977)
    …PER CURIAM. Affirmed. Bertone v. State, 224 So. 2d 400 (Fla.3d DCA 1969); Yost v. State, 243 So. 2d 469 (Fla.3d DCA 1971); Graham v. State, 258 So. 2d 317 (Fla.3d DCA 1972); State v. Barber, 301 So. 2d 7 (Fla.1974).…

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