DAISY DEL RIO, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1985-10-22

No. 84-2283

Before SCHWARTZ, C.J., and HUB-BART and BASKIN, JJ.

478 So. 2d 79 Florida District Court of Appeal, Third District (1985) Positive Treatment

Cited by 5 cases

Topics

Jury'S Role In Weighing Evidence Jury'S Role Weighing Evidence Armed Burglary

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Opinion of the Court

PER CURIAM.

Daisy Del Rio challenges the sufficiency of the evidence resulting in her conviction for a battery committed during the course of an armed burglary. She was acquitted of the remaining charges. A jury verdict based on substantial, competent evidence will not be reversed. Toole v. State, 472 So. 2d 1174, 1176 (Fla.1985); Heiney v. State, 447 So. 2d 210, 212 (Fla.), cert. denied, — U.S. -, 105 S.Ct. 303, 83 L.Ed.2d 237 (1984); Tibbs v. State, 397 So. 2d 1120, 1123 (Fla.1981), aff'd, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982). It is the function of the jury, not of the court, to weigh the evidence and to assess the credibility of the witnesses. Rodriguez v. State, 436 So. 2d 219, 220 (Fla. 3d DCA 1983), review denied, 447 So. 2d 888 (Fla.1984); Miller v. State, 328 So. 2d 544, 545 (Fla. 3d DCA 1976). Finding that substantial, competent evidence supports the verdict, we affirm the conviction and sentence. Appellant’s remaining points lack merit.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Talley v. State, 260 So. 3d 562 (Fla. 3d DCA 2019)
Enid Williams v. State, 479 So. 2d 227 (Fla. 3d DCA 1985)

…illiams’s assertion that the evidence was insufficient to support the jury’s verdict. The victim testified that Williams’s accomplice pointed a gun at him; it was the jury’s function to assess the credibility of that testimony. See Del Rio v. State, 478 So. 2d 79 (Fla. 3d DCA 1985); Rodriguez v. State, 436 So. 2d 219, 220 (Fla. 3d DCA 1983); see also, Styles v. State, 384 So. 2d 703 (Fla. 2d DCA), review denied, 392 So. 2d 1380 (Fla.1980). Finally, we hold that Williams may not cite as error the trial cour…

Authorities Cited

Tibbs v. Florida, 457 U.S. 31 (U.S. 1982)
Delbert Lee Tibbs v. State, 397 So. 2d 1120 (Fla. 1981)
Heiney v. State, 447 So. 2d 210 (Fla. 1984)
Toole v. State, 472 So. 2d 1174 (Fla. 1985)
Rodriguez v. State, 436 So. 2d 219 (Fla. 3d DCA 1983)
Miller v. State, 328 So. 2d 544 (Fla. 3d DCA 1976)

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