M. R., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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. The victim testified she returned home after a day at work at 5:30 p. m. and found the break-in. The police arrived shortly thereafter and removed the latent print from a jalousie slat at the victim’s home. The juvenile testified that at 4:30 p. m. he went to visit his friend who lived next door to the victim and that, while there, he handled a jalousie slat. He remained with his friend until 6:00 p. m. Given this testimony, the trial judge was clearly justified in discounting the juvenile’s apparent hypothesis that the jalousie slat he touched in his friend’s yard was replaced in the victim’s home before 5:30 p. m. and was one and the same as the slat from which the latent print was removed. Needless to say, the trial judge could also have concluded that the peripatetic slat in the yard was much like the unicorn in the garden.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Sorey v. State, 419 So. 2d 810 (Fla. 3d DCA 1982)…ould have been made only at the time the crime was committed is to be made by the fact-finder, Roberts v. State, 268 So. 2d 578 (Fla. 3d DCA 1972), provided that the court, viewing the evidence in a light most favorable to the State, M. R. v. State, 399 So. 2d 56 (Fla. 3d DCA 1981), has first determined that a reasonable-minded jury could find the guilt of the defendant beyond a reasonable doubt. In the Interest of G. B. S., 417 So. 2d 1181 (Fla. 4th DCA 1982); Amato v. State, 296 So. 2d 609 (Fla. 3d DCA 197…
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Jones v. State, 466 So. 2d 301 (Fla. 3d DCA 1985)…nd theft upheld); Riguad v. State, 404 So. 2d 791 (Fla. 3d DCA 1981) (state’s evidence deemed sufficient to link the defendant to a larceny and to negate a claim that a third party stole the property; grand larceny conviction upheld); M.R. v. State, 399 So. 2d 56 (Fla. 3d DCA 1981) (state’s evidence, including fingerprint evidence, deemed sufficient to link the juvenile to a burglary and grand theft, and to negate defendant’s explanation at trial as to how his fingerprint was placed on a certain jalousie sla…
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Dudley v. State, 511 So. 2d 1052 (Fla. 3d DCA 1987)…33 (Fla.1983), cert. denied, 466 U.S. 909, 104 S.Ct. 1690, 80 L.ED.2d 164 (1984); Peek v. State, 395 So. 2d 492 (Fla.1980), cert. denied, 451 U.S. 964, 101 S.Ct. 2036, 68 L.Ed.2d 342 (1981); Francis v. State, 58 So. 2d 872 (Fla.1951); M.R. v. State, 399 So. 2d 56 (Fla. 3d DCA 1981); Piantadosi v. State, 311 So. 2d 742 (Fla. 3d DCA 1975); Jones v. State, 466 So. 2d 301 App. at 324 n. 42 (Fla. 3d DCA 1985) and cases collected (Hubbart, J., dissenting).…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nadean O. McARTHUR v. State, 351 So. 2d 972 (Fla. 1977)
- State v. Primus Hayes, 333 So. 2d 51 (Fla. 4th DCA 1976)
- Codie v. State, 313 So. 2d 754 (Fla. 1975)
- Ivey v. State, 176 So. 2d 611 (Fla. 3d DCA 1965)
- Neal v. Robert A. Fleming Contractors, Inc., 138 So. 2d 388 (Fla. 1st DCA 1962)
- Tirko v. State, 138 So. 2d 388 (Fla. 3d DCA 1962)
- Everett v. State, 339 So. 2d 704 (Fla. 3d DCA 1976)
- J.C. v. State, 377 So. 2d 731 (Fla. 3d DCA 1979)