MITCHELL KEITZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant was convicted of second degree murder and sentenced to a 99 year term. Appellant contends that the evidence adduced below was not sufficient to support the judgment of conviction. In Rose v. State, 425 So. 2d 521, 523 (Fla.1983), the supreme court stated:
Whether, as defendant asserts, the evidence failed to exclude all reasonable hypotheses of innocence is for the jury to determine, and we will not reverse a judgment based upon a verdict returned by a jury where there is substantial, competent evidence to support the jury verdict. Welty v. State, 402 So. 2d 1159 (Fla.1981); Clark v. State, 379 So. 2d 97 (Fla.1979), cert. denied, 450 U.S. 936, 101 S.Ct. 1402, 67 L.Ed.2d 371 (1981).
In our view there was substantial, competent evidence from which the jury could reasonably exclude all reasonable hypotheses of innocence and return the verdict below. Cf. Peavy v. State, 442 So. 2d 200 (Fla.1983) (jury could reasonably have believed circumstantial evidence presented by the state rather than defendant’s testimony)-
We have carefully considered appellant’s other points on appeal and similarly hold that no reversible error is demonstrated.
AFFIRMED.
DOWNEY, LETTS and HERSEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Keitz v. State, 466 So. 2d 1147 (Fla. 4th DCA 1985)…rsuant to Rule 3.850, Florida Rules of Criminal Procedure. We dismiss the appeal because the points raised in the motion could or should have been raised in Keitz’s earlier direct appeal from his conviction, which appeal we affirmed. Keitz v. State, 447 So. 2d 1024 (Fla. 4th DCA 1984). We dismiss upon authority of Armstrong v. State, 429 So. 2d 287 (Fla.1983). Dismissed. HURLEY, WALDEN and BARKETT, JJ., concur.…
Authorities Cited
- Rose v. State, 425 So. 2d 521 (Fla. 1982)
- Welty v. State, 402 So. 2d 1159 (Fla. 1981)
- Clark v. State, 379 So. 2d 97 (Fla. 1979)
- Freeman v. Chambly, 450 U.S. 936 (U.S. 1981)
- Engle v. Sims, 450 U.S. 936 (U.S. 1981)
- Peavy v. State, 442 So. 2d 200 (Fla. 1983)