Hancock v. State

Full title: HELEN SAPP HANCOCK, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Sep 2, 1981

402 So. 2d 428 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-807.

June 10, 1981. Rehearing Denied September 2, 1981.

Appeal from Circuit Court, Brevard County; Roger F. Dykes, Judge.

J. Russell Hornsby, Orlando, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

We dismiss the appeal because a verdict of guilty is not appealable. Smith v. State, 395 So.2d 575 (Fla. 5th DCA 1981) [1981 FLW 564]. The notice of appeal is from the verdict and clearly states that there has been no adjudication of guilt. Although an adjudication and sentence subsequently appear in the record, there has been no appeal from either. Fla.R.App.P. 9.140(b)(1) and § 924.06, Fla. Stat. (1979).

Appeal DISMISSED.

SHARP and COWART, JJ., concur.