Opinion

Wolkooski v. State

1987 Fla. App. LEXIS 9808 · District Court of Appeal of Florida · Aug 7, 1987

Full text

Raynaldo WOLKOOSKI v. STATE of Florida

WIGGINTON, Judge. The only apparent issue for review on appeal is the sufficiency of the evidence to support appellant’s conviction. However, since appellant’s trial counsel did not raise that issue below by filing a motion for judgment of acquittal at the close of the State’s case and at the close of all of the evidence, a challenge of sufficiency of the evidence cannot be heard on appeal. Compare City of Miami v. Swift, 481 So.2d 26 (Fla. 3d DCA 1985) and Fla.R.Crim.P. 3.380. AFFIRMED. JOANOS and ZEHMER, JJ., concur.

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Metadata

Status: Published
Author: Wigginton
Judges: Joanos, Wigginton, Zehmer
Cluster ID: 7627704

Citations

1987 Fla. App. LEXIS 9808
12 Fla. L. Weekly 1915
510 So. 2d 1149

Cited by

Johnson v. Singletary
M.D. Florida · Apr 26, 1995
Ogletree v. State
District Court of Appeal of Florida · May 12, 1988
Williams v. State
District Court of Appeal of Florida · Nov 5, 1987

Parentheticals

Challenge to sufficiency of evidence cannot be heard on appeal where issue not raised in trial court by filing of motion for judgment of acquittal at close of state's case or at close of all the evidence
Ogletree v. State
Challenge to sufficiency of evidence cannot be heard on appeal where issue not raised in trial court by filing of motion for judgment of acquittal at close of state’s case or at close of all the evidence
Johnson v. Singletary