THOMAS v. STATE

No. HH-90.

355 So.2d 847 (1978)

Johnnie THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 7, 1978.


Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Michael H. Davidson, Asst. Atty. Gen., for appellee.


PER CURIAM.

The trial court properly denied the appellant's motion for judgment of acquittal made at the close of all the evidence. We have examined the remaining point on appeal and find it to be without merit. However, the cause is remanded to the trial court for entry of a judgment and sentence for the offense of aggravated battery in accordance with the verdict of the jury. The defendant need not be present for this purpose.

McCORD, C.J., and BOYER and...

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