Tate v. State

MORRIS, Judge.

Appellant’s motion for written opinion is granted. We withdraw this court’s per curiam affirmance issued on May 29, 2013, and substitute it with the following opinion.

Eric Tate appeals his convictions for felony murder and aggravated child abuse. On appeal, Tate argues that the trial court erred in denying his motion for judgment of acquittal and that the trial court erred in answering the jury’s question regarding access to transcripts of witness testimony. We conclude that neither error was preserved and that neither error amounts to fundamental error.

I. Motion for judgment of…