Case Involving Breaking and Entering With Intent to Commit Grand Larceny
In State v. Barber, 301 So. 2d 7, 8 (Fla. 1974), the respondents were convicted of two counts of breaking and entering with intent to commit grand larceny.
On appeal they alleged that the evidence was insufficient to sustain the conviction on the element of the value of the property stolen.
The respondents contended that the State thus failed to present a prima facie case and that this constituted fundamental error.
Citing a line of prior decisions, we rejected that argument and held that "unless the issue of sufficiency of the evidence to sustain a verdict in a criminal case is first presented to the trial court by way of an appropriate motion, the issue is not reviewable on direct appeal from an adverse judgment." Id. at 9.
Because the issue was not preserved below, we held that it "was not open to appellate review." Id.