THE STATE OF FLORIDA
v.
JEREMIAH HARRIS
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The trial court's factual findings are presumed correct and must be sustained if supported by competent, substantial evidence, and the trial court must apply an objective standard to determine whether a reasonable and prudent person in the defendant's circumstances would have acted similarly.
[1] On appellate review of trial court factual findings under the competent substantial evidence standard, the trial court's findings are presumed correct and must be interpr…
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Join FLexlaw to unlock all legal intelligence“It only matters that the version the trial court believed is supported by competent, substantial evidence.”
Standard for appellate review of trial court factual findings
Jeremiah Harris was charged in Miami-Dade County Circuit Court. The trial court rendered a judgment that the State appealed.…
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Third District Court of Appeal State of Florida
Opinion filed October 16, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-0904 Lower Tribunal No. F21-14112 ________________
The State of Florida, Appellant,
vs.
Jeremiah Harris, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Daryl E. Trawick, Judge.
Ashley Moody, Attorney General, and Kseniya Smychkouskaya and Katryna Santa Cruz, Assistant Attorneys General, for appellant.
Carlos J. Martinez, Public Defender, and Maria E. Lauredo, Chief Assistant Public Defender, for appellee.
Before EMAS, LINDSEY and GOODEN, JJ.
PER CURIAM.
2
Affirmed. See Nadell v. Hursey, 363 So. 3d 1135, 1140-41 (Fla. 3d DCA 2023) (“In conducting our competent, substantial evidence review, ‘[t]he trial court's factual findings are presumed correct’ and this Court ‘must interpret the evidence and reasonable inferences and deductions derived therefrom in a manner most favorable to sustaining the trial court's ruling.’ We do not reweigh the evidence. Nor does it matter that Nadell's version of events is supported by evidence that conflicts with Hursey's version of events. ‘It only matters that the version the trial court believed is supported by competent, substantial evidence.’”) (quoting Spires v. State, 180 So. 3d 1175, 1177 (Fla. 3d DCA 2015) and Snow v. State, 352 So. 3d 529, 536 (Fla. 1st DCA 2022)). See also State v. Quevedo, 357 So. 3d 1249, 1253 (Fla. 3d DCA 2023) (the trial court is required to apply an objective standard, which “requires the court to determine whether, based on circumstances as they appeared to the defendant when he or she acted, a reasonable and prudent person situated in the same circumstances and knowing what the defendant knew would have used the same force as did the defendant.”) (citations omitted).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Emilio Quevedo, 357 So. 3d 1249 (Fla. 3d DCA 2023)
- Kardel K. Snow v. State, 352 So. 3d 529 (Fla. 1st DCA 2022)
- Nadell v. Apachula B. Hursey, 363 So. 3d 1135 (Fla. 3d DCA 2023)