THOMAS DOZIER SIKES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1973-07-03
No. 72-1394
Before BARKDULL, C. J., and PEARSON and HAVERFIELD, JJ.
280 So. 2d 17 Florida District Court of Appeal, Third District (1973) Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant-appellant was tried before a jury and convicted of possession of burglary tools.

*18On appeal, appellant contends that the trial court erred in not granting defense counsel’s motion for continuance.

It is a general rule that the trial judge is vested with broad discretion in matters of a requested continuance, and by virtue of his closeness and intimacy with the circumstances of the case he will not be reversed on appeal unless there is a clear showing of a palpable abuse of this judicial discretion. Matera v. State, Fla.App.1969, 218 So.2d 180. The record on appeal does not show any abuse of this discretion nor does it appear that the defendant was prejudiced by the court’s refusal to grant the requested continuance. Therefore, this argument of appellant must fail.

We also have considered appellant’s remaining points on appeal and find them to be without merit.

Accordingly, the judgment herein appealed must be and hereby is affirmed.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Dalton Abbott v. State, 334 So. 2d 642 (Fla. 3d DCA 1976)
    …loseness and intimacy with the circumstances of the case he will not be reversed on appeal unless there is a clear showing of a palpable abuse of this judicial discretion. Matera v. State, Fla.App. 1969, 218 So. 2d 180; Sikes v. State, Fla.App.1973, 280 So. 2d 17. During voir dire examination of the prospective jurors, each juror was asked whether he/she had heard, read or seen anything about the case. Those who replied affirmatively were asked whether or not what they observed caused them to form an opinio…
  • Mobley v. State, 327 So. 2d 900 (Fla. 3d DCA 1976)
    …atters of requested continuances and, by virtue of his closeness and intimacy with the circumstances of the case, he will not be reversed on appeal unless there is a clear showing of a palpable abuse of this discretion. Sikes v. State, Fla.App.1973, 280 So. 2d 17; and Mills v. State, Fla.App.1973, 280 So. 2d 35. In the instant appeal, the record shows that the trial court properly inquired into the surrounding circumstances of ap-pellee’s failure to provide appellant with the name of a witness pursuant to h…
  • Holman v. State, 347 So. 2d 832 (Fla. 3d DCA 1977)
    …0 Fla. 48, 69 So. 692 (1915); Walker v. State, 93 Fla. 1069, 113 So. 96 (1927); Hysler v. State, 132 Fla. 209, 181 So. 354 (1938); Andrews v. State, 134 Fla. 450, 184 So. 88 (1938); Acree v. State, 153 Fla. 561, 15 So. 2d 262 (1943); Sikes v. State, 280 So. 2d 17 (Fla. 3rd D.C.A. 1973); Mobley v. State, 327 So. 2d 900 (Fla. 3rd D.C.A. 1976); Abbott v. State, 334 So. 2d 642 (Fla. 3rd D.C.A. 1976). Moreover, it has often been emphasized that applications for a continuance in a criminal case must be more close…

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