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REYES v. STATE

No. 78-1407.

369 So.2d 1027 (1979)

Emilio REYES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 24, 1979.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Margarita Esquiroz, Asst. Atty. Gen., for appellee.

Before PEARSON, HENDRY and HUBBART, JJ.

PER CURIAM.

On this appeal, the defendant argues that the judgment must be reversed because venue was not sufficiently established. We affirm upon a holding that the record affirmatively shows the issue was never presented to the trial judge and defendant failed to move for acquittal upon that ground or for a new trial. See Smith v. State ex rel. Dade County, 314 So.2d 161 (Fla.3d DCA 1975).

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