SMITH v. STATE

No. 80-904.

402 So.2d 1372 (1981)

Reginald L. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 9, 1981.


Attorney(s) appearing for the Case

Thomas E. Bevis of Bevis & Disney, DeLand, for appellant.

Jim Smith, Atty. Gen., Tallahasse, and Barbara Ann Butler, Asst. Atty. Gen., Daytona Beach, for appellee.


ON MOTION TO DISMISS

ORFINGER, Judge.

The State moves to dismiss this appeal contending that the issues on appeal were not preserved for appellate review because the sentence is not appealed, only the adjudication of guilt.

The notice of appeal was filed after the jury verdict of guilty, but before the entry of the judgment, but it appealed "the final judgment adjudicating guilt." Thus, cases such as Smith v. State, 395 So...

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