Smith v. State, 395 So. 2d 575

COWART, Judge.

Appellant appeals from a verdict of guilty and from the sentence imposed claiming that the trial court erred in denying his motions for judgments of acquittal made during trial because the evidence was insufficient to establish a prima facie case of the crime charged and that the trial court erred in sustaining the state‘s objection to a statement appellant‘s trial counsel made in closing argument.

A verdict is not appealable. See Fla.R.App.P. 9.140(b)(1) and § 924.06(1), Fla. Stat. (1979). The points raised on appeal relate to the final judgment adjudicating guilt, which was not appealed, but not to the legality of the sentence. As to the verdict this appeal is dismissed. The sentence is

AFFIRMED.

DAUKSCH, C.J., and COBB, J., concur.

Case Details

Case Name: Smith v. State

Court Name: District Court of Appeal of Florida

Date Published: Mar 4, 1981

Citations: 395 So. 2d 575; 80-425

Docket Number: 80-425

Court Abbreviation: Fla. Dist. Ct. App.