Nevels v. State

District Court of Appeal of Florida

Nevels v. State

356 So. 2d 906, 1978 Fla. App. LEXIS 15560

CourtDistrict Court of Appeal of Florida

DecidedMarch 28, 1978

DocketNo. FF-57

StatusPublished

This text of 356 So. 2d 906 (Nevels 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.

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Nevels v. State, 356 So. 2d 906, 1978 Fla. App. LEXIS 15560 (Fla. Ct. App. 1978).

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PER CURIAM.

Appellant has not demonstrated error in his conviction of aggravated battery while in the possession of a firearm. Complaint is made of a statement by the trial judge to the jury in answer to a question, appellant urging that the trial judge intimated his view of appellant’s guilt. In context, the trial judge’s statement does not have that necessary effect. It was not objected to and was not fundamental error.

AFFIRMED.

MILLS, Acting C. J., and SMITH, J., concur. MELVIN, J., dissents.

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PER CURIAM.

Appellant has not demonstrated error in his conviction of aggravated battery while in the possession of a firearm. Complaint is made of a statement by the trial judge to the jury in answer to a question, appellant urging that the trial judge intimated his view of appellant’s guilt. In context, the trial judge’s statement does not have that necessary effect. It was not objected to and was not fundamental error.

AFFIRMED.

MILLS, Acting C. J., and SMITH, J., concur. MELVIN, J., dissents.

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356 So. 2d 906, 1978 Fla. App. LEXIS 15560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nevels-v-state-fladistctapp-1978.

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