Jones v. State

Decision Date25 July 1968
Docket NumberNo. K--66,K--66
Citation212 So.2d 804
PartiesHenry Lee JONES, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

T. Edward Austin, Jr., Public Defender; Ralph W. Nimmons, Jr., Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., Raymond L. Marky, Asst. Atty. Gen., for appellee.

PER CURIAM.

The appellant seeks review of his conviction on a charge of possession and sale of narcotics. The sole question raised on review is the sufficiency of the evidence to sustain appellant's conviction.

We have reviewed the transcript of the testimony given before the trial judge who served as the finder of fact in this nonjury trial, and we are satisfied that the evidence adduced by the State sustains the judgment of conviction. Moreover, the record fails to reflect that the defendant made a motion for a new trial. Accordingly, he cannot now assert the sufficiency of the evidence as ground for reversal. Kimble v. State, 208 So.2d 471 (Fla.App.1st 1968); Smith v. State, 194 So.2d 310 (Fla.App.1st 1967).

Affirmed.

WIGGINTON, C.J., and CARROLL, DONALD K., and SPECTOR, JJ., concur.

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5 cases
  • Wright v. State
    • United States
    • Florida District Court of Appeals
    • November 22, 1968
    ...or ruled upon. The cases of Kimble v. State, Fla.App.1968, 208 So.2d 471; Smith v. State, Fla.App.1967, 194 So.2d 310; and Jones v. State, Fla.App.1968, 212 So.2d 804 are cited in support. These cases, all from the First District Court, do indeed hold that where a motion for new trial is no......
  • York v. State
    • United States
    • Florida District Court of Appeals
    • November 14, 1969
    ...Wright, 224 So.2d 300, Supreme Court of Florida opinion filed June 18, 1969; Kimble v. State, Fla.App.1968, 208 So.2d 471; Jones v. State, Fla.App.1968, 212 So.2d 804; Gilbert v. State, 1941, 148 Fla. 293, 4 So.2d Next, defendant is aggrieved by a clause found in the court's charge on self ......
  • Owens v. State
    • United States
    • Florida District Court of Appeals
    • September 30, 1969
    ...of its position Gilbert v. State, 1941, 148 Fla. 293, 4 So.2d 330; Smith v. State, Fla.App.1966, 194 So.2d 310; and Jones v. State, Fla.App.1968, 212 So.2d 804. We also notice the latest expression from the Supreme Court of Florida in State v. Wright, Fla.1969, 224 So.2d 300. Indeed these c......
  • State v. Wright
    • United States
    • Florida Supreme Court
    • June 18, 1969
    ...Rule 6.16, subd. b. The cases cited for jurisdictional conflict are: Gilbert v. State, 148 Fla. 293, 4 So.2d 330 (1941); Jones v. State, 212 So.2d 804 (1st DCA 1968); Kimble v. State, 208 So.2d 471 (1st DCA 1968); and Smith v. State, 194 So.2d 310 (1st DCA 1967). Each of these cases holds t......
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