KENNETH COOPER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed Cooper's robbery conviction based on eyewitness identification, but reduced statutory costs by striking $47 lacking statutory authority.
A robbery conviction supported by eyewitness identification is not vulnerable to challenge based on circumstantial evidence insufficiency, and statutory costs must be itemized and tied to specific statutory authority.
[1] Eyewitness identification testimony defeats a challenge to the sufficiency of circumstantial evidence in a robbery prosecution.
[2] Statutory costs imposed upon felony conviction must be itemized and supported by reference to specific statutory authority.
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Join FLexlaw to unlock all legal intelligence“it is without merit given the store clerk's identification of Cooper as the culprit”
Court rejecting Cooper's argument that circumstantial evidence was insufficient
Kenneth Cooper was convicted of robbery at Sassy Fashions in St. Petersburg in July 1994. The state's case relied on evidence including a store clerk'…
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FRANK, Judge.
Kenneth Cooper was convicted of robbery in violation of section 812.13(2)(b) based upon an incident occurring at “Sassy Fashions” in St. Petersburg, Florida, in July of 1994. Cooper now challenges his conviction, contending that the state’s evidence was wholly circumstantial, insufficient and incapable of supporting a conviction under State v. Law, 559 So. 2d 187 (Fla.1989). We reject his argument; it is without merit given the store clerk’s identification of Cooper as the culprit. See Larkins v. State, 655 So. 2d 95, 98 (Fla.1995) (rejecting contention that circumstantial evidence was insufficient where record disclosed eyewitness testimony).
Cooper has also challenged his sentence, claiming that a $300 assessment for “statutory costs” was imposed without itemization or reference to appropriate authority. See Reyes v. State, 655 So. 2d 111, 114-16 (Fla. 2d DCA 1995). We agree in part and strike $47 from the total costs. That amount is not related to a statutory source. The balance of $253 is affirmed. See Reyes, 655 So. 2d at 117; § 27.3455(1)(a), Fla.Stat. (1993) (court costs upon felony conviction); § 960.20, Fla.Stat. (1993) (crimes compensation trust fund); § 943.25(3), Fla.Stat. (1993) (criminal justice trust fund).
Judgment affirmed, but $47 is stricken from the assessed “statutory costs.”
SCHOONOVER, A.C.J., and WHATLEY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Ronnie S. LAW, 559 So. 2d 187 (Fla. 1989)
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Larkins v. State, 655 So. 2d 95 (Fla. 1995)