Gomez v. State

District Court of Appeal of Florida

Gomez v. State

309 So. 2d 56, 1975 Fla. App. LEXIS 14336

CourtDistrict Court of Appeal of Florida

DecidedFebruary 19, 1975

DocketNo. 74-639

StatusPublished

Cited by3 cases

This text of 309 So. 2d 56 (Gomez 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

Gomez v. State, 309 So. 2d 56, 1975 Fla. App. LEXIS 14336 (Fla. Ct. App. 1975).

Pincite

Opinion

PER CURIAM.

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

[57]*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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