DAVID HUGH STREETER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that there was sufficient competent evidence to sustain the conviction for sexual battery.
The appellant was convicted of sexual battery based primarily on the victim's identification testimony. The victim remained resolute in her identifica…
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ORFINGER, Judge.
Appellant questions the sufficiency of the evidence to sustain his conviction for sexual battery. We affirm.
The State proved by competent substantial evidence each element of the crime. While there was conflict in the evidence, and the identity of appellant as the perpetrator of the crime was based solely on the testimony of the victim, she remained resolute in her identification, despite rigorous cross-examination. It is the jury’s function to determine the weight of the evidence and the credibility of the witnesses.
When it is shown that they have performed that duty faithfully and honestly and reached a conclusion that squares with reason and their theory of the evidence, it takes more than mere difference in opinion as to what the evidence shows for this court to reverse them. We find no basis whatever for reversal, except a possible difference of opinion as to what the facts before a jury reveal.
State v. Smith, 249 So. 2d 16, 18 (Fla.1971).
The Florida Supreme Court has said that on appeal, we must determine only the legal sufficiency of the evidence; i. e., whether there was substantial competent evidence to support the verdict after all conflicts in the evidence and all reasonable inferences thereon are resolved in favor of the verdict and judgment. We are not permitted to determine the weight of the evidence. Tibbs v. State, 397 So. 2d 1120 (Fla.1981).
The judgment of conviction is AFFIRMED.
DAUKSCH, Chief Judge, and FRANK D. UPCHURCH, Jr., J., concur.
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Citator
Cited By
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Davis v. State, 425 So. 2d 654 (Fla. 5th DCA 1983)…. The fact that the evidence is in conflict does not entitle appellant to a judgment of acquittal because the weight of the evidence and the credibility of the witnesses is for the jury. Tibbs v. State, 397 So. 2d 1120 (Fla.1981); Streeter v. State, 400 So. 2d 504 (Fla. 5th DCA 1981). Error, if any, in rejecting the deposition testimony of a witness to contradict the witness’ testimony at trial is harmless, because the witness testified to substantially what the deposition testimony would have shown. The judg…
Authorities Cited
- Delbert Lee Tibbs v. State, 397 So. 2d 1120 (Fla. 1981)
- Woodward v. Edwards, 249 So. 2d 16 (Fla. 1971)
- State v. Smith, 249 So. 2d 16 (Fla. 1971)