Smith v. State

Harlis Smith appeals from a judgment and sentence for robbery with a firearm and battery. We affirm.

We hold that the trial court did not err when it denied appellant’s motion for judgment of acquittal. The state alleged in its information that the robbery occurred on or about September 8, 1989. The evidence at trial showed that the robbery occurred on September 9, 1989 at about 2:50 A.M. Appellant did not request a bill of particulars nor did he object to the evidence corresponding to the September 9 date. In Hutchinson v. State, 453 So.2d 900 (Fla. 4th DCA 1984), this court held that the…