HERMAN PHILLIPS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the evidence was sufficient to support the judgment and that the defendant's motion to dismiss was untimely.
Appellant was found guilty of robbery and sentenced to seven years in prison. He appealed, challenging the sufficiency of the evidence and the denial …
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The appellant was found guilty of robbery and sentenced to seven years in prison. On this appeal he challenges the sufficiency of the evidence to support the judgment and in addition urges that the court should have dismissed the cause pursuant to Rule 3.190 (c)(4), CrPR, 33 F.S.A.1
We have reviewed the record as required to decide the point addressed to the sufficiency of the evidence. The proof of appellant’s guilt is full and convincing. Davis v. State, Fla.App.1972, 3rd D.C.A., 267 So. 2d 85, filed October 10, 1972.
The second point does not present reversible error because appellant’s motion which was presented at the onset of trial was untimely. Nevertheless, we have considered the motion on its merits and find that the trial court would have been correct in denying the motion if it had been timely filed.
Affirmed.
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