Florida District Courts of Appeal, 1975

Gomez v. State

Florida District Courts of Appeal · Decided February 19, 1975 · Grimes, Hobson, McNulty

309 So. 2d 56; 1975 Fla. App. LEXIS 14336 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Labar v. State (Fla. Dist. Ct. App. 1991)
Tascano v. State (Fla. Dist. Ct. App. 1978)
State v. Terry (Fla. 1976)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Appellant Gomez was convicted of aggravated assault and sentenced to three years in the state prison.

*57On appeal appellant first questions the sufficiency of the evidence. However, the sufficiency of evidence was not raised for an appellate court to review, appellant having failed to file either a motion for directed verdict or a motion for new trial. State v. Barber, Fla.1974, 301 So.2d 7.

Appellant next contends that the trial court erred in not instructing the jury as to the penalty fixed by law for the offense charged as required by Rule 3.-390(a) RCrP. Said rule is not mandatory, only directory. Johnson v. State, Fla. 1974, 308 So.2d 38, affirming the view of this court expressed in Johnson v. State, 297 So.2d 35.

Affirmed.

McNULTY, C. J., and HOBSON and GRIMES, JJ., concur.

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