JOHN ALBERT BIVINS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellant was found guilty after a non-jury trial upon two separate informa-tions charging defendant with crimes against nature in violation of § 800.01, Fla. Stat., F.S.A. He was sentenced to a total of six years. This appeal followed.
The single point presented on appeal urges that the State did not establish a prima facie case concerning the commission of the crime. It is urged that the element of penetration was not proved. See Swain v. State, Fla.App.1965, 172 So.2d 3.
The testimony of the victim was clearly sufficient to establish the element specified. See Drawdy v. State, 97 Fla. 367, 120 So. 844 (1929).
Affirmed.
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Wright v. State, 250 So. 2d 333 (Fla. 2d DCA 1971)…1921, 82 Fla. 93, 89 So. 344; Jackson v. State, 1922, 84 Fla. 646, 94 So. 505; Lason v. State, 1943, 152 Fla. 440, 12 So. 2d 305; Delaney v. State, Fla.1966, 190 So. 2d 578; Swain v. State, Fla.App.1965, 172 So. 2d 3; Bivins v. State, Fla.App.1968, 208 So. 2d 666. The trial Court here charged in general terms that crime against nature includes copulation between human beings per anum, but a detailed, inclusive charge covering all the ingredients of such offense, as required in Robles, was not given. The Cou…
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Isiah Hamilton v. State, 237 So. 2d 255 (Fla. 2d DCA 1970)…han CrPR 1.850, would be the appropriate remedy, because the ground for relief, namely, the discovery of new and material evidence, occurred after the judgment and sentence (Powe v. State, Fla.1968, 216 So. 2d 446; Platt v. Wainwright, Fla.App.1968, 208 So. 2d 666; Baggett v. Wainwright, Fla.1969, 229 So. 2d 239, and O’Hara v. Wainwright, Fla.App.1970, 233 So. 2d 429); and (3) On the record before us, I could not conscientiously say that the trial Judge abused his discretion in denying the motion for post-co…
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O'Hara v. Louie L. Wainwright, 233 So. 2d 429 (Fla. 2d DCA 1970)…nviction by means of this habeas corpus proceeding as the equivalent of a direct appeal. See Powe v. State, Fla.1968, 216 So. 2d 446; Hollingshead v. Wainwright, Fla.1966, 188 So. 2d 788; Fla. 1967, 194 So. 2d 577; Platt v. Wainwright, Fla.App.1968, 208 So. 2d 666; Baggett v. Wainwright, Fla. 1969, 229 So. 2d 239, and State ex rel. Ervin v. Smith, Fla. 1964, 160 So. 2d 518. Respondent has filed here his response to the writ, admitting matters of record concerning the conviction, but denying all other salient…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Virgal E. Swain v. State, 172 So. 2d 3 (Fla. 3d DCA 1965)
- Dozier Washington Drawdy v. State, 97 Fla. 367 (Fla. 1929)