Harley A. McMillan v. State
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED HARLEY ALEXANDER MCMILLAN, Appellant, v. Case No. 5D13-2186 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 31, 2014 Appeal from the Circuit Court for Orange County, Donald A. Myers, Jr., Judge. James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. AFFIRMED. See Hess v. State, 794 So. 2d 1249, 1261 (Fla. 2001) ( Because we find sufficient evidence of felony murder, we need not address appellant s claim that the trial court erred in denying his motion for judgment of acquittal because the evidence was insufficient to establish premeditation. ); see also Brooks v. State, 762 So. 2d 879, 896 (Fla. 2000); Brown v. State, 644 So. 2d 52, 53 (Fla. 1994). TORPY, C.J., GRIFFIN and EVANDER, JJ., concur.
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