CHARLES SHEPPARD DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ORFINGER, Chief Judge.
The trial judge did not err in denying appellant’s motion for judgment of acquittal because there was competent evidence identifying appellant as the perpetrator of the crime charged. 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 judgment of conviction is
AFFIRMED.
FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.
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Morrison v. State, 818 So. 2d 432 (Fla. 2002)…” Terry v. State, 668 So. 2d 954, 964 (Fla.1996). The fact that the evidence is contradictory does not warrant a judgment of acquittal since the weight of the evidence and the witnesses’ credibility are questions solely for the jury. Davis v. State, 425 So. 2d 654, 655 (Fla. 5th DCA 1983); see generally Lynch v. State, 293 So. 2d 44, 45 (Fla.1974) (holding that where reasonable minds may differ as to proof of ultimate fact, courts should submit case to jury). It is not this Court’s function to retry a case or…
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Donaldson v. State, 722 So. 2d 177 (Fla. 1998)…” Terry v. State, 668 So. 2d 954, 964 (Fla.1996). The fact that the evidence is contradictory does not warrant a judgment of acquittal since the weight of the evidence and the witnesses’ credibility are questions solely for the jury. Davis v. State, 425 So. 2d 654, 655 (Fla. 5th DCA 1983); see generally Lynch v. State, 293 So. 2d 44, 45 (Fla.1974) (holding that where reasonable minds may differ as to proof of ultimate fact, courts should submit case to jury). It is not this Court’s function to retry a case or…
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Baugh v. State, 961 So. 2d 198 (Fla. 2007)…State, 722 So. 2d 177, 182 (Fla.1998) (“The fact that the evidence is contradictory does not warrant a judgment of acquittal since the weight of the evidence and the witnesses’ credibility are questions solely for the jury.”) (citing Davis v. State, 425 So. 2d 654, 655 (Fla. 5th DCA 1983)). Applying this standard, I agree with the district court that the “sum total of the evidence” in this case was sufficient to submit the case to the jury. Baugh, 862 So. 2d at 767. The strongest evidence, of course, is the…
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- Delbert Lee Tibbs v. State, 397 So. 2d 1120 (Fla. 1981)
- Streeter v. State, 400 So. 2d 504 (Fla. 5th DCA 1981)