Jones v. StateJones v. State
A jury found Jones guilty of breaking and entering а dwelling house with intent to commit grand lаrceny, robbery, sexual battery and assault and battery. He contends that the trial court erred in denying his mоtion for a change of venue, in refusing a requested instruction, and in deferring adjudication of guilt and imposition of sentence from day tо day and term to term on the crimе of assault and battery.
The reсord reflects that Jones received a fair and impartial trial by a panel of impartial jurоrs. The trial court did not abuse its discretion in denying Jones’ motion for a сhange of venue. Dobbert v. State,
Jones requested that the trial court charge the jury that “in order to establish identity by use of fingerprints, the prosecutor must show that the fingerprints of the accused could only have been made at the time the crime was committed.” The court denied the request. Although the requested charge accurately states the law, the court did not err in denying it, beсause it properly gave thе jury charge 2.14, circumstantial evidence, Florida Standard Jury Instructions In Criminal Cases. We must point out, however, that the record furnished us would not have been sufficient for us to determine whether the court erred.
The trial court did err in deferring adjudication and sentencing on the crimе of assault and battery from day to day and term to term. McArthur v. State,
The judgments and sentenсes on the first three crimes are affirmed. The deferral of adjudiсation and sentence on thе crime of assault and battery is reversed and this case is remanded with directions to adjudicate and make appropriate disposition of this crime.