TROY POLLER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the evidence presented was legally sufficient to support the convictions.
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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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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lynch v. State, 293 So. 2d 44 (Fla. 1974)
- Darby v. State, 216 So. 2d 29 (Fla. 3d DCA 1968)
- Allems Victor v. State, 774 So. 2d 722 (Fla. 3d DCA 2000)