DAVID KEITH COLLINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
After a bench trial, the defendant was convicted of knowingly committing a lewd or lascivious act in the presence of a child under the age of fourteen years in violation of Section 800.04, Florida Statutes (1981). In reaching its verdict of guilty, the trial court rejected expert psychiatric testimony in favor of testimony from lay witnesses which described the defendant’s conduct at the time of the event and which permitted a reasonable inference that the defendant knew right from wrong. We affirm the-conviction on the rationale expressed in State ex rel. Bludworth v. Kapner, 394 So. 2d 541, 543 (Fla. 4th DCA 1981), that “[sjanity is a question for the trier of fact to determine from all the evidence. Expert testimony, even when uncontradict-ed, is not conclusive on the issue of sanity and the trier of fact may find such testimony adequately rebutted by the observations of laymen.” See also United States v. Mota, 598 F. 2d 995, reh’g denied, 606 F. 2d 321 (5th Cir.1979), cert. denied sub nom. United States v. Flores, 444 U.S. 1084, 100 S.Ct. 1042, 62 L.Ed.2d 770 (1980); United States v. Hall, 583 F. 2d 1288 (5th Cir.1979).
ANSTEAD, HERSEY and HURLEY, JJ., concur.
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Cronin v. State, 470 So. 2d 802 (Fla. 4th DCA 1985)…as in this case, expert testimony can be used to establish the amount of excess water weight in a quantity of marijuana. Expert testimony, however, is not binding on the trier of fact even when that testimony is uncontradicted. See Collins v. State, 431 So. 2d 225 (Fla. 4th DCA 1983); Trucci v. State, 438 So. 2d 396 (Fla. 4th DCA 1983). A jury is free to weigh an expert’s testimony, and may reject it. Sands v. State, 403 So. 2d 1090 (Fla. 3d DCA 1981); State v. Ward, 374 So. 2d 1128 (Fla. 1st DCA 1979). Never…
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State v. McMAHON, 485 So. 2d 884 (Fla. 2d DCA 1986)…ndard Jury Instruction Re: Criminal Cases, 483 So. 2d 428 (Fla. 1986). The determination of a defendant’s mental condition at the time of the offense is a question of fact for the jury. Byrd v. State, 297 So. 2d 22, 24 (Fla.1974); Collins v. State, 431 So. 2d 225 (Fla. 4th DCA 1983). Here, in seeking to sustain the trial court's ruling, the appellee emphasizes the state’s failure to present any expert testimony on the issue of insanity. It is true the state presented only lay witness testimony regarding appe…
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Trucci v. State, 438 So. 2d 396 (Fla. 4th DCA 1983)…Ed.2d 1 (1978). However, upon review of the evidence I believe the evidence sufficient to sustain his conviction and, despite the substantial evidence of his incompetency, to support the jury’s rejection of the defense of insanity. Collins v. State, 431 So. 2d 225 (Fla. 4th DCA 1983). According [*398] ly, I would grant rehearing to the extent of determining the issue of sufficiency of the evidence and hold that the evidence was sufficient.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States v. Evelio Mota and Juan Flores, 598 F.2d 995 (5th Cir. 1979)
- Mayfield v. Mohn, 444 U.S. 1084 (U.S. 1980)
- Morel v. United States, 444 U.S. 1084 (U.S. 1980)
- United States v. Hall, 583 F.2d 1288 (5th Cir. 1978)
- State of Fla. ex rel. Bludworth v. Honorable Lewis Kapner, 394 So. 2d 541 (Fla. 4th DCA 1981)