VICTOR GOMEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant Gomez was convicted of aggravated assault and sentenced to three years in the state prison. On appeal appellant first questions the sufficiency of the evidence. However, the sufficiency of evidence was not raised for an appellate court to review, appellant having failed to file either a motion for directed verdict or a motion for new trial. State v. Barber, Fla.1974, 301 So. 2d 7.
Appellant next contends that the trial court erred in not instructing the jury as to the penalty fixed by law for the offense charged as required by Rule 3.-390(a) RCrP. Said rule is not mandatory, only directory. Johnson v. State, Fla. 1974, 308 So. 2d 38, affirming the view of this court expressed in Johnson v. State, 297 So. 2d 35.
Affirmed.
McNULTY, C. J., and HOBSON and GRIMES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Terry, 336 So. 2d 65 (Fla. 1976)…p. 1st 1975); Howard v. State, 306 So. 2d 153 (Fla.App. 1st 1975); McIntyre v. State, 306 So. 2d 160 (Fla.App. 4th 1975); Ballard v. State, 307 So. 2d 826 (Fla.App. 1st 1975); Cooper v. Wainwright, 308 So. 2d 182 (Fla.App. 4th 1975); Gomez v. State, 309 So. 2d 56 (Fla.App. 2d 1975); Pullman v. State, 311 So. 2d 753 (Fla.App. 3rd 1975); Sweet v. State, 313 So. 2d 130 (Fla.App. 2nd 1975); Beamon v. State, 314 So. 2d 604 (Fla.App. 3rd 1975); Wheat v. State, 315 So. 2d 203 (Fla.App. 1st 1975); Roper v. State, 31…
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Labar v. State, 584 So. 2d 37 (Fla. 2d DCA 1991)…We affirm defendant’s convictions for battery on a law enforcement officer and obstructing or opposing an officer without violence. Defendant’s contention concerning the sufficiency of the evidence was not preserved for appeal. See Gomez v. State, 309 So. 2d 56 (Fla. 2d DCA 1975). Defendant’s contention that the trial court erred in announcing defendant’s guilt before defense counsel made a closing argument and announced that the defense had rested was waived. See M.S. v. State, 584 So. 2d 36 (Fla. 2d DCA…
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Tascano v. State, 363 So. 2d 405 (Fla. 1st DCA 1978)…D.C.A. 1975); Roper v. State, 315 So. 2d 206 (Fla. 1st D.C.A. 1975); Beamon v. State, 314 So. 2d 604 (Fla. 3d D.C.A. 1975); Sweet v. State, 313 So. 2d 130 (Fla. 2d D.C.A. 1975); Pullman v. State, 311 So. 2d 753 (Fla. 3d D.C.A. 1975); Gomez v. State, 309 So. 2d 56 (Fla. 2d D.C.A. 1975); Cooper v. Wainwright, 308 So. 2d 182 (Fla. 4th D.C.A. 1975); Ballard v. State, 307 So. 2d 826 (Fla. 1st D.C.A. 1975); McIntyre v. State, 306 So. 2d 160 (Fla. 4th D.C.A. 1975); Howard v. State, 306 So. 2d 153 (Fla. 1st D.C.A. 1…
Authorities Cited
- State v. Barber, 301 So. 2d 7 (Fla. 1974)
- Johnson v. State, 308 So. 2d 38 (Fla. 1974)
- Johnson v. State, 297 So. 2d 35 (Fla. 2d DCA 1974)