Stoddard v. State

District Court of Appeal of Florida

Stoddard v. State

185 So. 3d 696, 2016 Fla. App. LEXIS 1977, 2016 WL 626151

CourtDistrict Court of Appeal of Florida

DecidedFebruary 12, 2016

Docket2D14-4198

StatusPublished

Cited by1 cases

This text of 185 So. 3d 696 (Stoddard 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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Stoddard v. State, 185 So. 3d 696, 2016 Fla. App. LEXIS 1977, 2016 WL 626151 (Fla. Ct. App. 2016).

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[697]*697PER CURIAM.

Misty Stoddard appeals her judgment and sentence for felony murder. She argues that the trial court erroneously denied her motion for judgment of acquittal. However, Ms. Stoddard’s argument on appeal differs substantially from the argument she raised before the trial court on her motion. Thus, she failed to preserve the argument she now presents to us. See Tillman v. State, 471 So.2d 32, 35 (Fla.1985). After carefully reviewing the record for fundamental error, we cannot say the trial court erred in denying her motion. Accordingly, we affirm the judgment and sentence.

Affirmed.

LUCAS, J., Concurs. ALTENBERND, J., Concurs with opinion. VILLANTI, C.J., Concurs with opinion.

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[697]*697PER CURIAM.

Misty Stoddard appeals her judgment and sentence for felony murder. She argues that the trial court erroneously denied her motion for judgment of acquittal. However, Ms. Stoddard’s argument on appeal differs substantially from the argument she raised before the trial court on her motion. Thus, she failed to preserve the argument she now presents to us. See Tillman v. State, 471 So.2d 32, 35 (Fla.1985). After carefully reviewing the record for fundamental error, we cannot say the trial court erred in denying her motion. Accordingly, we affirm the judgment and sentence.

Affirmed.

LUCAS, J., Concurs. ALTENBERND, J., Concurs with opinion. VILLANTI, C.J., Concurs with opinion.

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185 So. 3d 696, 2016 Fla. App. LEXIS 1977, 2016 WL 626151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stoddard-v-state-fladistctapp-2016.

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