JESSIE TILLMAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed defendant's conviction, holding that police obtained voluntary consent for the home search and that standard jury instructions adequately addressed witness credibility concerns.
The trial court properly found voluntary consent for the search and did not err in refusing defendant's requested jury instructions on witness credibility.
[1] Trial court's finding of voluntary consent to search is upheld when the record contains evidence supporting that conclusion, even if conflicting testimony was presented b…
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Join FLexlaw to unlock all legal intelligenceJessie Tillman was convicted after police conducted a search of his home. The trial court found the police obtained voluntary consent for the search, …
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PER CURIAM.
Jessie Tillman appeals a judgment of convictions.
We affirm.
The record reveals testimony from which the trial court could properly conclude that the police obtained voluntary consent before conducting the search of defendant’s home. Denehy v. State, 400 So. 2d 1216 (Fla.1980). Although .that evidence conflicted with testimony presented by defendant, it was the duty of the factfinder to resolve that conflict. Tibbs v. State, 397 So. 2d 1120 (Fla.1981), aff'd, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982); Perez v. State, 536 So. 2d 359 (Fla. 3d DCA 1988). In addition, the trial court did not err in refusing to give defendant’s requested instructions concerning testimony of witnesses who have plead guilty and witnesses who are co-conspirators.
The trial court gave Florida Standard Jury Instructions (Crim.) 14-15, 17. Those instructions direct the jury to consider whether each witness had been convicted of a crime or received favorable treatment in exchange for his testimony in determining the testimony’s reliability, and to use great caution in relying on an accomplice’s testimony against defendant. The standard jury instructions adequately cover the issues addressed in the requested instructions. See Davis v. State, 520 So. 2d 572 (Fla.1988); McGuire v. State, 639 So. 2d 1043 (Fla. 5th DCA 1994); Williams v. State, 591 So. 2d 319 (Fla. 3d DCA 1991).
Accordingly, we affirm the judgment under review.
Affirmed.
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Hechavarria-Sanchez v. State, 654 So. 2d 1071 (Fla. 3d DCA 1995)…PER CURIAM. Affirmed. See Davis v. State, 594 So. 2d 264, 266 (Fla.1992); Balthazar v. State, 549 So. 2d 661 (Fla.1989); Tillman v. State, 643 So. 2d 1190 (Fla. 3d DCA 1994).…
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Lindsey v. State, 671 So. 2d 219 (Fla. 1st DCA 1996)…ten sentencing form, because it fails to reflect the sentence orally pronounced as to Count III in Case No. 94-4597. Appellant’s convictions and sentences are otherwise affirmed. See Kyle v. State, 648 So. 2d 1238 (Fla. 1st DCA 1995); Kidd v. State, 643 So. 2d 1190 (Fla. 1st DCA 1994). AFFIRMED, but REMANDED for correction of the written sentencing form. ERVIN, MINER and LAWRENCE, JJ., concur.…
Authorities Cited
- Tibbs v. Florida, 457 U.S. 31 (U.S. 1982)
- Delbert Lee Tibbs v. State, 397 So. 2d 1120 (Fla. 1981)
- Denehy v. State, 400 So. 2d 1216 (Fla. 1980)
- Davis v. State, 520 So. 2d 572 (Fla. 1988)
- Hernan Perez v. State, 536 So. 2d 359 (Fla. 3d DCA 1988)
- McGUIRE v. State, 639 So. 2d 1043 (Fla. 5th DCA 1994)
- Williams v. State, 591 So. 2d 319 (Fla. 3d DCA 1991)