Colebrook v. State

District Court of Appeal of Florida

Colebrook v. State

323 So. 2d 636, 1975 Fla. App. LEXIS 18964

CourtDistrict Court of Appeal of Florida

DecidedDecember 2, 1975

DocketNo. 75-617

StatusPublished

This text of 323 So. 2d 636 (Colebrook v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colebrook v. State, 323 So. 2d 636, 1975 Fla. App. LEXIS 18964 (Fla. Ct. App. 1975).

Pincite

Opinion

PER CURIAM.

The defendant was charged with first degree murder. After a plea of not guilty, a jury trial was begun. At the close of the evidence, the court reduced the charge to second degree murder. Thereafter, the jury returned a verdict of guilty of third degree murder, whereupon the court entered judgment thereon and imposed sentence. This appeal followed.

Defendant urges that the cumulative effect of three rulings of the trial court was such that there was error in denying his motion for a mistrial. Defendant does not urge that any one of the occurrences during the trial was such that error is demonstrated in the record.

We agree that none of the occurrences constitute reversible error. In addition, our reading of the record convinces us that defendant received a fair trial and that the proof of the defendant’s guilt was shown beyond a reasonable doubt. Defendant’s point directed to the sufficiency of the evidence to sustain a conviction is not well taken. See CrPR 3.490; Killen v. State, Fla.1957, 92 So.2d 825; and Coppottno v. State, Fla.App.1968, 223 So.2d 68.

Affirmed.

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