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334 So. 2d 99

Docket No. 74-1628.

D'AGOSTINO v. State

Joseph Peter D'AGOSTINO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 2, 1976.

Rehearing Denied July 9, 1976.

District Court of Appeal of Florida · decided 1976-06-02

Key passage — most relied on by later courts

“An appellant, on an appeal in a criminal case, has the burden of showing that the trial proceedings were so infected with prejudicial error as to compel a reversal of the judgment. Such error must be clearly demonstrated by the appellant.”

quoted by 1 later decision, including Livingston v. State

Relies on Blackman v. State · Stephens v. State · 279 So. 2d 332 - Bryan v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1976-06-02

How this case has been cited

Cited by 5 later decisions — most recently March 2017

5 state decisions

3019761980199020002010decided

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 →

¶1Sandstrom & Hodge, Fort Lauderdale, for appellant.

¶2Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

¶3Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.

¶4PER CURIAM.

¶5Appellant, defendant below, appeals his conviction and sentence, including probation, for unlawfully and feloniously breaking and entering a building with intent to commit a felony therein, aggravated assault, and possession of burglary tools. Appellee was the prosecution below.

¶6An appellant, on an appeal in a criminal case, has the burden of showing that the trial proceedings were so infected with prejudicial error as to compel a reversal of the judgment. Such error must be clearly demonstrated by the appellant. See, e.g., Bryan v. State, Fla.App. 1973, 279 So.2d 332; Stephens v. State, Fla.App. 1973, 279 So.2d 331; Blackman v. State, Fla.App. 1973, 279 So.2d 99; and see 2 Fla.Jur., Appeals § 358. In the instant appeal, we have carefully considered the entire record, all the numerous points raised in the briefs, and arguments of counsel in the light of the controlling principles of law, and have concluded that no reversible error has been demonstrated. The jury was supported in its verdict by substantial evidence and no error was committed which injuriously affected any substantial right of appellant. Therefore, for the reasons stated and upon the authorities cited, the judgment and sentence appealed are affirmed.

¶7Affirmed.

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