Griffith v. State, 82-2372
| Decision Date | 29 July 1983 |
| Docket Number | No. 82-2372,82-2372 |
| Citation | 435 So.2d 398 |
| Parties | Paul Joseph GRIFFITH, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from Circuit Court, Collier County; Charles T. Carlton, Judge.
Peter J. Fryefield, Jacksonville, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Ann Garrison Paschall, Asst. Atty. Gen., Tampa, for appellee.
We affirm appellant's convictions and his sentences in all respects. In addition, we note that appellant has raised the question of whether this case should be remanded so that the trial court may rule on his earlier filed motion for new trial. No remand is necessary here because by filing a timely notice of appeal, appellant effectively abandoned his motion for new trial. State ex rel. Faircloth v. The District Court of Appeal, Third District, 187 So.2d 890 (Fla.1966); Perez v. City of Tampa, 181 So.2d 571 (Fla. 2d DCA 1966).
AFFIRMED.
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Forfeiture of $104,591 in U.S. Currency, In re, 90-1822
...Jackson v. State, 570 So.2d 1038 (Fla. 2d DCA 1990); Brumlik v. Catalyst, Inc., 463 So.2d 240 (Fla. 5th DCA 1984); Griffith v. State, 435 So.2d 398 (Fla. 2d DCA 1983); see also The Florida Star v. B.J.F., 499 So.2d 883 (Fla. 1st DCA 1986), review denied, 509 So.2d 1117 (Fla.1987), reversed ......