JERRY WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that there was ample evidence to support the jury's verdict and that the trial court did not err in denying motions for judgment of acquittal or in refusing a proposed jury instruction.
Walker was convicted of burglary and grand theft. Evidence included his palm print at the scene, being seen fleeing the apartment, and recovered stole…
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MILLS, Judge.
Walker appeals judgments of guilty for burglary and grand theft. We affirm.
There is ample evidence to support the jury’s verdict. Walker’s palm print was found on the window sill of the burglarized dwelling. He was seen fleeing the apartment where stolen goods were recovered. Other stolen property was recovered from his father. Walker’s version of the events was contradicted as to the time of the offense. A jury could reasonably disbelieve Walker. No error was made in denying motions for a judgment of acquittal. McArthur v. State, 351 So. 2d 972, 976 n. 13 (Fla.1977).
The standard jury instruction on burglary does not call for conviction of a defendant who is merely present at the scene of the crime. Walker’s proposed instruction added nothing to the standard instructions and its denial was not error. When a suggestion of incompetence to stand trial was made at the close of the State’s case, the trial court’s duty was to determine whether reasonable grounds to interrupt the trial for an examination were present. Scott v. State, 420 So. 2d 595 (Fla.1982). The record supports the conclusion that such grounds were not present.
AFFIRMED.
ERVIN and THOMPSON, JJ., concur.
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Kothman v. State, 442 So. 2d 357 (Fla. 1st DCA 1983)…her there is reasonable ground to believe the defendant may be incompetent, not whether he is incompetent,” Scott v. State, 420 So. 2d 595 (Fla.1982) citing Walker v. State, 384 So. 2d 730 (Fla. 4th DCA 1980) (emphasis in original); Walker v. State, 428 So. 2d 321 (Fla. 1st DCA 1983); Boggs v. State, 375 So. 2d 604 (Fla. 2d DCA 1979). Once the judge is presented with reasonable grounds to believe a defendant may not have sufficient present ability to consult with his attorney and aid in the preparation of his…
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Darden v. State, 908 So. 2d 585 (Fla. 5th DCA 2005)…PER CURIAM. AFFIRMED. See Walker v. State, 428 So. 2d 321 (Fla. 1st DCA 1983) (Refusal to give the instruction is not error when the proposed instructions add nothing to the standard instructions). PETERSON, THOMPSON and SAWAYA, JJ., concur.…
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Williams v. State, 492 So. 2d 1388 (Fla. 1st DCA 1986)…. State, 458 So. 2d 327, 329 (Fla. 1st DCA 1984); Johnson v. State, 484 So. 2d 1347 (Fla. 4th DCA 1986). Refusal to give the instruction is not error, however, when the proposed instructions add nothing to the standard instructions. Walker v. State, 428 So. 2d 321 (Fla. 1st DCA 1983); Wolack v. State, 464 So. 2d 587 (Fla. 4th DCA), petition for review denied, 476 So. 2d 676 (Fla.1985). In this case, the jury was presented with two versions of Williams’s role in the burglary. The jury heard the defense versio…
Previewing 3 of 6 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)
- Scott v. State, 420 So. 2d 595 (Fla. 1982)