ANNIE RUTH BELLAMY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANNIE RUTH BELLAMY, APPELLANT,
STATE OF FLORIDA, APPELLEE
267 So. 2d 374
Florida District Court of Appeal, Fourth District (1972)
Positive Treatment
Cited by 2 cases
Opinion of the Court
The point raised on appeal, which essentially questions the sufficiency of the evidence to sustain the conviction for aggravated assault, was not properly preserved for appellate review because the issue of the sufficiency of the evidence was not first submitted to the court by timely motion for new trial. State v. Owens, Fla. 1970, 233 So.2d 389. Were the question properly before us on the merits, the case of McCullers v. State, Fla.App. 1968, 206 So.2d 30 would require affirmance.
Reversible error not having been made to appear, the judgment is affirmed.
REED, C. J., and WALDEN and OWEN, J J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Chaudoin v. State, 383 So. 2d 645 (Fla. 5th DCA 1980)…n for a new trial. See Harrell v. State, 197 So. 2d 505 (Fla.1967). Since a denial of a motion for new trial “is an absolute prerequisite to any appellate consideration of the sufficiency of the evidence to sustain the conviction,” Huntley v. State, 267 So. 2d 374, 376 (Fla. 4th DCA 1972), appointed [*646] counsel thereby waived appellant’s right to appeal that issue. In his brief in support of his motion for post-conviction relief, appellant alleges that the evidence was insufficient to sustain a conviction,…
Authorities Cited
- Paulet v. Hickey, 206 So. 2d 30 (Fla. 2d DCA 1968)
- State v. Owens, 233 So. 2d 389 (Fla. 1970)