Florida District Courts of Appeal, 1987

E.J.K. v. State

Florida District Courts of Appeal · Decided May 8, 1987 · Campbell, Frank, Schoonover

508 So. 2d 422; 12 Fla. L. Weekly 1205; 1987 Fla. App. LEXIS 8113 (Southern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

D.B. v. State (Fla. Dist. Ct. App. 2000)
Johnson v. Singletary (United States District Court for the Middle District of Florida 1995)
Stanley v. State (Fla. Dist. Ct. App. 1993)
Ogletree v. State (Fla. Dist. Ct. App. 1988)

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

FRANK, Judge.

Although the record in this matter may be susceptible of a determination that E.J.K. acted in self-defense, we are precluded from passing upon the single question before us whether the trial court erred in finding the evidence sufficient to convict E.J.K. of aggravated battery. The record does not disclose either a motion for judgment of acquittal or a motion for a new trial. Either motion would have accorded the trial court an opportunity to test the sufficiency of the evidence and preserved the contention for appellate consideration. Pursuant to State v. Barber, 301 So.2d 7 (Fla. 1974), however, we are foreclosed from reviewing the evidence. See also Crenshaw v. State, 490 So.2d 1054 (Fla. 1st DCA 1986).

CAMPBELL, A.C.J., and SCHOONOVER, J., concur.

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