CARLOS ANGLERO
v.
STATE OF FLORIDA
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Where testimony is contradictory and conflicting, the weight of evidence and witness credibility are questions solely for the jury, and such conflicting testimony cannot be resolved on a motion for judgment of acquittal.
[1] Where testimony is contradictory and conflicting, the weight of evidence and witness credibility are questions solely for the jury, and a motion for judgment of acquittal…
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Join FLexlaw to unlock all legal intelligence“where there is contradictory and conflicting testimony, weight of evidence and witness's credibility are questions solely for jury, and force of such conflicting testimony should not be determined on motion for judgment of acquittal”
Court's citation to State v. Konegen in affirming the conviction
Carlos Anglero was convicted in Orange County Circuit Court. The case involved contradictory and conflicting testimony.…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
CARLOS ANGLERO,
Appellant,
v. Case No. 5D18-1289
STATE OF FLORIDA,
Appellee. ________________________________/
Opinion filed September 13, 2019
Appeal from the Circuit Court for Orange County, Kim Shepard, Judge.
James W. Smith, III, of CPLS, P.A., Orlando, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
AFFIRMED. See State v. Konegen, 18 So. 3d 697, 700 (Fla. 4th DCA 2009) (explaining that where there is contradictory and conflicting testimony, weight of evidence and witness’s credibility are questions solely for jury, and force of such conflicting testimony should not be determined on motion for judgment of acquittal).
EVANDER, C.J., ORFINGER and EDWARDS, JJ., concur.