Singleton v. State
Singleton v. State
Opinion of the Court
Appellant was charged with possession of heroin,
The state sought an enhanced penalty pursuant to the habitual offender statute.
The testimony that was objected to as a Williams Rule violation was that the appellant had told the state witness that the appellant lived in Miami and came to Titus-ville to sell heroin and that while in Titus-ville he stayed at the apartment where the sale was supposed to have occurred. We do not think this testimony contravened Williams.
The other issues raised by this appeal have never been presented to the trial court to give the trial court an opportunity to rule upon them. Based upon the principles set forth in Smith v. State, 378 So.2d 313 (Fla. 5th DCA 1980); Engel v. State, 353 So.2d 593 (Fla. 3d DCA 1978); and Noble v. State, 338 So.2d 904 (Fla. 1st DCA 1976), we affirm the judgments and sentences without prejudice to the appellant to properly raise the issues before the trial court.
AFFIRMED.
. Section 893.13(l)(a)(l), Florida Statutes (1977).
. Section 893.13(l)(a)(l), Florida Statutes (1977).
. Section 893.13(l)(e), Florida Statutes (1977).
. Williams v. State, 110 So.2d 654 (Fla. 1959).
. See Wright v. State, 348 So.2d 633 (Fla. 3d DCA 1977) and Shaw v. State, 264 So.2d 95 (Fla. 1st DCA 1972).
. Section 775.084, Florida Statutes (1977).
. See Eutsey v. State, 383 So.2d 219 (Fla. 1980) and Bell v. State, 382 So.2d 107 (Fla. 5th DCA 1980).
. See Grubbs v. State, 373 So.2d 905 (Fla. 1979) and Wood v. State, 378 So.2d 110 (Fla. 5th DCA 1980).
Reference
- Full Case Name
- David SINGLETON v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published