ISRAEL MAGUEIRA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Affirmed conviction for burglary where defendant failed to make a proper motion for judgment of acquittal with stated grounds, rendering the sufficiency of evidence argument unreviewable on appeal.
A defendant's argument regarding insufficiency of evidence is not reviewable on appeal absent a timely motion presenting that issue to the trial court with appropriate grounds stated.
[1] Sufficiency of evidence argument is not reviewable on direct appeal unless the defendant first presents the issue to the trial court through an appropriate motion with st…
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Join FLexlaw to unlock all legal intelligence“unless the issue of sufficiency of the evidence to sustain a verdict in a criminal case is first presented to the trial court by way of an appropriate motion, the issue is not reviewable on direct appeal from an adverse judgment”
State v. Barber, establishing the requirement for proper motion practice to preserve sufficiency of evidence arguments for appeal
Magueira was convicted of burglary in a non-jury trial. A motion for acquittal was made at the close of the State's evidence but without statement of …
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PER CURIAM.
Appealing from conviction of burglary, on a non-jury trial, the question presented by the appellant is “Whether the Circuit Court erred in denying defendant’s motion for judgment of acquittal after the close of all the testimony”.
As pointed out by the State, as appellee, no such motion was made or ruled on at the close of all the evidence. A motion of the defendant for acquittal had been made at the close of the presentation of evidence by the State. That motion was without statement of grounds therefor, as required by Fla.R.Crim.P. 3.380(b). See: G.W.B. v. State, 340 So. 2d 969 (Fla. 1st DCA 1977). In absence of an appropriate and timely motion presenting to the court the issue of sufficiency of the evidence, the appellant’s argument here as to insufficiency of the evidence is inappropriate. In State v. Barber, 301 So. 2d 7, 9 (Fla.1974) the Supreme Court said:
“The construction placed upon F.A.R. 6.16 by the district court was erroneous. As we have previously stated in the cases noted above, unless the issue of sufficiency of the evidence to sustain a verdict in a criminal case is first presented to the trial court by way of an appropriate motion, the issue is not reviewable on direct appeal from an adverse judgment. No such appropriate motion having been made in the trial court in this cause, the question of sufficiency of the evidence was not open to appellate review.”
* ^ if:
The judgment is affirmed.
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Citator
Cited By (11 total)
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Sanderson v. State, 390 So. 2d 744 (Fla. 5th DCA 1980)…e 3.380(b), nor was it ever renewed.2 Carter v. State, 380 So. 2d 541 (Fla. 5th DCA 1980); G. W. B. v. State, 340 So. 2d 969 (Fla. 1st DCA 1977), cert. denied, 348 So. 2d 948 (Fla.1977); Castor v. State, 365 So. 2d 701 (Fla.1978); Magueira v. State, 352 So. 2d 587 (Fla. 3d DCA 1977). AFFIRMED. FRANK D. UPCHURCH, Jr., J., and JA-MIESON, FRANCES ANN, Associate Judge, concur. . Section 794.011(2), Florida Statutes (1977), provides that a person 18 years or older who commits a sexual battery upon a person 11 y…
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Bouler v. State, 389 So. 2d 1197 (Fla. 5th DCA 1980)…)(e), Florida Statutes (1977). Under these circumstances failure to meet the notice provisions of this statute have been held to not render the resulting evidence inadmissible. Hicks v. Florida, 359 So. 2d 475 (Fla. 1st DCA 1978); Quintana v. State, 352 So. 2d 587 (Fla. 3d DCA 1977).1 Two recent Florida cases, State v. Goodley, 381 So. 2d 180 (Fla. 3d DCA 1980) and Mata v. State, 380 So. 2d 1157 (Fla. 3d DCA 1980), have recognized that a trained narcotics dog’s indications that contraband is present can be s…
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Carlton O. Daley v. State, 374 So. 2d 59 (Fla. 3d DCA 1979)…idence was insufficient to establish his identity as the perpetrator of the crimes for which he was charged. As such, he has waived this contention for appellate review. DeLaCova v. State, 355 So. 2d 1227, 1230 (Fla. 3d DCA 1978); Magueira v. State, 352 So. 2d 587 (Fla. 3d DCA 1977); G. W. B. v. State, 340 So. 2d 969 (Fla. 1st DCA 1977). Moreover, our independent review of the record indicates that the evidence, although conflicting, was sufficient to send this case to the jury. Byrd v. State, 297 So. 2d 22,…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Barber, 301 So. 2d 7 (Fla. 1974)
- G. W. B. v. State, 340 So. 2d 969 (Fla. 1st DCA 1976)