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975 So. 2d 587

Docket No. 1D06-2748.

Robinson v. State

William Joe ROBINSON, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 28, 2008.

District Court of Appeal of Florida · decided 2008-02-28

Relies on Woods v. State · Smiley v. State

Decided 2008-02-28

¶1Nancy A. Daniels, Public Defender, and Terry Carley, Assistant Public Defender, Tallahassee, for Appellant.

¶2Bill McCollum, Attorney General, Donna A. Gerace and Giselle Lylen Rivera, Assistant *588 Attorneys General, Tallahassee, for Appellee.

¶3BROWNING, C.J.

¶4We affirm Appellant's conviction and sentence for manslaughter by culpable negligence. Appellant concedes his first two claims on appeal in light of the release of Smiley v. State, 966 So.2d 330 (Fla. 2007). Appellant's third claim on appeal, that the trial court erred in denying a motion for judgment of acquittal on the ground that the State did not adequately rebut his evidence of self-defense, was not preserved for review because defense counsel failed to argue that ground during the motion for judgment of acquittal. See, e.g., Woods v. State, 733 So.2d 980 (Fla. 1999). Accordingly, we must refrain from reviewing the merits of that claim.

¶5AFFIRMED.

¶6VAN NORTWICK and ROBERTS, JJ., concur.

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