TROY POLLER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2001-03-07
No. 3D99-3250
Before SCHWARTZ, C.J., and COPE and RAMIREZ, JJ.
778 So. 2d 541 Florida District Court of Appeal, Third District (2001)

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Holding

The court held that the evidence presented was legally sufficient to support the convictions.


Facts & Procedural History

The defendant was convicted of several violent felonies based on accomplice testimony, victim identification, and an admission to a friend. The defend…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Troy Poller appeals his convictions for sexual battery with a deadly weapon or force, armed kidnapping, armed robbery, and armed carjacking. He characterizes the case against him as having depended entirely on the testimony of a previously convicted codefendant, Allems Victor. See Victor v. State, 774 So. 2d 722 (Fla. 3d DCA 2000). Even if that were true (which it is not), “[wjhile the testimony of an accomplice should be closely scrutinized and received with great caution, it is competent and may be sufficient to convict an accused. The credibility of a witness lies exclusively within the province of the jury.” Darby v. State, 216 So. 2d 29, 30 (Fla. 3d DCA 1968).

In reality, the defendant also admitted to a friend that he had committed the crime, and the friend testified at trial. One of the victims made an equivocal identification of the defendant from a lineup, and the defendant’s physical description fit the description given by both victims.

The evidence was legally sufficient. See Lynch v. State, 293 So. 2d 44, 45 (Fla.1974).

Affirmed.


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