Sikes v. State, 72--1394
| Decision Date | 03 July 1973 |
| Docket Number | No. 72--1394,72--1394 |
| Citation | 280 So.2d 17 |
| Parties | Thomas Dozier SIKES, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jones, Blitstein & Aschenbrenner and Allen L. Jocobi, Miami Beach, for appellant.
Robert L. Shevin, Atty. Gen., and Arnold R. Ginsberg, Asst. Atty. Gen., for appellee.
Before BARKDULL, C.J., and PEARSON and HAVERFIELD, JJ.
Defendant-appellant was tried before a jury and convicted of possession of burglary tools.
On appeal, appellant contends that the trial court erred in not granting defense counsel's motion for continuance.
It is a general rule that the trial judge is vested with broad discretion in matters of a requested continuance, and by virtue of his closeness and intimacy with the circumstances of the case he will not be reversed on appeal unless there is a clear showing of a palpable abuse of this judicial discretion. Matera v. State, Fla.App.1969, 218 So.2d 180. The record on appeal does not show any abuse of this discretion nor does it appear that the defendant was prejudiced by the court's refusal to grant the requested continuance. Therefore, this argument of appellant must fail.
We also have considered appellant's remaining points on appeal and find them to be without merit.
Accordingly, the judgment herein appealed must be and hereby is affirmed.
Affirmed.
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Holman v. State
...So. 354 (1938); Andrews v. State, 134 Fla. 450, 184 So. 88 (1938); Acree v. State, 153 Fla. 561, 15 So.2d 262 (1943); Sikes v. State, 280 So.2d 17 (Fla. 3rd D.C.A. 1973); Mobley v. State, 327 So.2d 900 (Fla. 3rd D.C.A. 1976); Abbott v. State, 334 So.2d 642 (Fla. 3rd D.C.A. Moreover, it has ......
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Abbott v. State
...there is a clear showing of a palpable abuse of this judicial discretion. Matera v. State, Fla.App.1969, 218 So.2d 180; Sikes v. State, Fla.App.1973, 280 So.2d 17. During voir dire examination of the prospective jurors, each juror was asked whether he/she had heard, read or seen anything ab......
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Mobley v. State, 75--600
...of the case, he will not be reversed on appeal unless there is a clear showing of a palpable abuse of this discretion. Sikes v. State, Fla.App.1973, 280 So.2d 17; and Mills v. State, Fla.App.1973, 280 So.2d In the instant appeal, the record shows that the trial court properly inquired into ......
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Kowalczyk v. State
...DCA 1976); Rodriguez v. State, 327 So.2d 903 (Fla. 3d DCA 1976); Mobley v. State, 327 So.2d 900 (Fla. 3d DCA 1976); and Sikes v. State, 280 So.2d 17 (Fla. 3d DCA 1973). ...