Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided August 28, 2009No. 1D08-2286PublishedCited by 1 opinion

1Per curiam

Shawntre Smith appeals from a judgment and sentence entered upon the jury’s verdict finding Smith guilty of attempted armed robbery with a firearm pursuant to sections 812.13(2)(a) and 777.04, Florida Statutes (2007). He first contends that because the State failed to prove a prima facie case of attempted robbery, the trial court should have granted the motion for judgment of acquittal. He next asserts he was denied a fair trial based on a combination of errors. The first issue was not preserved for appellate review, and we do not find fundamental error. See F.B. v. State, 852 So.2d 226, 229…

2Cases cited5 opinions

  1. Smith v. StateSupreme Court of Florida · 2008
  2. Neal v. StateDistrict Court of Appeal of Florida · 2003
  3. Boykin v. StateDistrict Court of Appeal of Florida · 1999
  4. White v. StateDistrict Court of Appeal of Florida · 2008
  5. Nevels v. StateDistrict Court of Appeal of Florida · 1995

3Cited by1 opinion

  1. Ortiz v. StateDistrict Court of Appeal of Florida · 2009

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