Public-domain · open source
OpenJurist

203 So. 2d 10

Willoughby v. State

District Court of Appeal of Florida

Decided October 10, 1967

District Court of Appeal of Florida · decided 1967-10-10

Relies on Hall and Jones v. State · Floyd v. State · State v. County of Monroe, State of Florida, Etc.

Good law ✅— No negative treatment on recordhow we know

Decided 1967-10-10

How this case has been cited

Cited by 13 later decisions — most recently July 1991

12 state decisions

1101967197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Ernest E. WILLOUGHBY, Appellant,
v.
The STATE of Florida, Appellee.
David BRADLEY, Jr., Appellant,
v.
The STATE of Florida, Appellee.
Willie HOWARD, Appellant,
v.
The STATE of Florida, Appellee.
John St. ROBERTS, Appellant,
v.
The STATE of Florida, Appellee.
John JOHNSON, Appellant,
v.
The STATE of Florida, Appellee.

Nos. 66716, 66732, 6779, 67177, 67201.

¶1District Court of Appeal of Florida. Third District.

October 10, 1967.

¶2Robert L. Koeppel, Public Defender and Marvin J. Emory, Jr., Asst. Public Defender, for appellants.

¶3Earl Faircloth, Atty. Gen., and Barry N. Semet, Asst. Atty. Gen., for appellee.

¶4Before PEARSON, HENDRY and SWANN, JJ.

¶5PER CURIAM.

¶6These five appeals present a single question. In each instance the defendant-appellant was convicted of a felony in the Criminal Court of Record of Dade County, Florida. The issue presented in each appeal is whether the judgment is erroneous and must be reversed for a new trial because the record does not affirmatively show that the defendant was accorded and waived the opportunity to present argument at the close of the non-jury trial.

¶7The appellants rely upon Floyd v. State, Fla. 1956, 90 So.2d 105. See also Ruffin v. State, Fla.App. 1967, 195 So.2d 26. It is urged that the language of the Supreme Court in the Floyd opinion requires the record to affirmatively show that the defendant was tendered the opportunity to present closing argument.

¶8In each of the cases before us, the record does show that after resting his case, the defendant was adjudged guilty. In no instance was the question now presented to this appellate court presented to the trial court by a request for closing argument, an objection to the alleged denial of such, a motion for a mistrial or a motion for a new trial. We think that under these circumstances, the question may not be presented for the first time upon appeal.

¶9See Dukes v. State, 148 Fla. 109, 3 So.2d 754 (1941); § 924.11, Fla. Stat. (1965), F.S.A. Rule 6.7(g), Florida Appellate *11 Rules, 32 F.S.A. Cf., Hall v. State, 119 Fla. 38, 160 So. 511.

¶10The judgment and sentence is affirmed in each of the above appeals.

¶11Affirmed.

/203/so2d/10 · .json · Public domain