Opinion
No. 72-1286.
May 22, 1973.
Appeal from the Criminal Court of Record for Dade County, Jack M. Turner, J.
Phillip A. Hubbart, Public Defender and Mark King Leban and Steven Lipton, Asst. Public Defenders, for appellant.
Robert L. Shevin, Atty. Gen. and Peter F. LaPorte, Asst. Atty. Gen., for appellee.
Before BARKDULL, C.J., and PEARSON and CHARLES CARROLL, JJ.
The appellant was found guilty of robbery after a trial before the court without a jury and was sentenced to a term in the state prison. On this appeal he contends that the trial court erred in failing to grant his motion for acquittal at the close of all the evidence. The record reveals that the appellant was a participant in a robbery and while it is true that he was not the most active of the two robbers involved, there is no doubt that the evidence supports a finding that he was an active participant. Accordingly, the judgment and sentence are affirmed. See State v. Roby, Fla. 1971, 246 So.2d 566; Rayner v. State, Fla.App. 1972, 264 So.2d 74.
Affirmed.