State v. Wright
| Decision Date | 18 June 1969 |
| Docket Number | No. 38240,38240 |
| Citation | 224 So.2d 300 |
| Parties | STATE of Florida, Petitioner, v. James WRIGHT, Respondent. |
| Court | Florida Supreme Court |
Earl Faircloth, Atty. Gen., and William D. Roth, Asst. Atty. Gen., for petitioner.
Lee R. Horton, Public Defender and Robert R. Crittenden, Asst. Public Defender, for respondent.
By writ of certiorari the Attorney General seeks to have this Court expunge certain language construing Rule 6.16, subd. b, Florida Appellate Rules, 32 F.S.A., which appeared in a decision of the District Court of Appeal, Second District, styled as Wright v. State, 216 So.2d 229 (1968). Since Wright itself sets out in detail the rationale behind the District Court's Construction of the rule, we will limit ourselves here to a discussion of the Attorney General's position.
The language sought to be expunged is as follows:
The Attorney General has no quarrel with the ultimate decision announced by the District Court, namely, the affirmance of Wright's conviction. However, the Attorney General contends that the above language, which admittedly is dicta, squarely places the Wright case in direct conflict with numerous decisions of other Florida appellate courts. He fears that this conflict with create confusion as to the proper interpretation of 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 that the sufficiency of the evidence cannot be asserted as a ground for reversal in an appellate court unless the appellant has previously filed a motion for new trial, based on alleged insufficiency of the evidence, with the trial court. We accepted jurisdiction on the basis of the obvious conflict between the above cases and Wright.
The Judges of the District Court were not unaware of the fact that their interpretation of Rule 6.16, subd. b as announced in Wright was in conflict with numerous other Florida cases. They enunciated...
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Santiago v. State
...evidence must be filed as a prerequisite to review of the sufficiency of evidence on appeal in criminal cases); see also State v. Wright, 224 So.2d 300 (Fla.1969). Essentially these cases recognized that this issue was typically brought to the trial court's attention via a motion for direct......
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State v. Nave
...court, whether or not included in the motion for new trial, are to be considered on appeal in a capital case; Florida: State v. Wright, 224 So.2d 300, 301 (Fla.1969), where the court held that an allegation of insufficiency of the evidence not raised in a motion for new trial is not to be c......
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Williams v. State, 86-1181
...to renew the motion at the close of his case. On appeal, the Fourth District affirmed the conviction, per curiam, citing State v. Wright, 224 So.2d 300 (Fla.1969), which indicated that the affirmance was based on the fact that defendant had failed to file a motion for new trial as essential......
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State v. Conrad
...included within the larceny count of the criminal information, Wright v. State, Fla.App.1968, 216 So.2d 229 (modified on other grounds, 224 So.2d 300), and that the appellee's plea of double jeopardy as to the larceny count was well founded. Hence, on this appeal the issue for our considera......