CARLOS ANGLERO
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-09-13
No. 18-1289
Shepard, J., Evander, C.J., Orfinger, J., Edwards, J.
Florida District Court of Appeal, Fifth District (2019)

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Holding

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.


Headnotes

[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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Key Quotes

“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

Facts & Procedural History

Carlos Anglero was convicted in Orange County Circuit Court. The case involved contradictory and conflicting testimony.…

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Opinion of the Court
Evander

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.


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