RALPH VANDER JENKINS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court affirmed a robbery conviction, holding that the victim's positive identification of the defendant at trial was sufficient evidence to support the conviction, despite the defendant's argument that the victim lacked sufficient opportunity to observe the perpetrator.
Yes, the victim's positive identification of the defendant at trial, along with other identification evidence, was sufficient to support the conviction.
“In the present case, in addition to certain other identification evidence, the victim of the robbery, in testifying at the trial, was positive in her identification of the defendant.”
Establishes the primary evidence supporting the conviction.
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Join FLexlaw to unlock all legal intelligenceThe appellant was charged with robbery, waived a jury trial, and was found guilty by the court. He was subsequently sentenced to prison. The appellant…
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The appellant was informed against for the crime of robbery. He waived a jury, was tried by the court and found guilty and sentenced to a period of confinement in the state penitentiary. Appealing, he contends the evidence presented by the state was insufficient to support the conviction. It is argued on behalf of the appellant that the evidence as to' identification of the defendant at trial was inadequate, citing Ross v. State, Fla.App.1966, 190 So.2d 187. In the present case, in addition to certain other identification evidence, the victim of the robbery, in testifying at the trial, was positive in her identification of the defendant. The appellant contends the evidence shows that the victim did not have the time and opportunity to make a sufficient observation of the person involved to enable her to present credible evidence as to his identity. We can not agree. On inspecting the record we are of the view that the conviction has adequate evidentiary support.
Affirmed.
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Stiglitz v. State, 270 So. 2d 410 (Fla. 4th DCA 1972)…ne the question of entrapment, and the trial court erred in refusing to charge the jury on the defense of entrapment. Carter v. State, 155 So. 2d 787 (Fla.1963); State v. Rouse, supra; Nadell v. State, 229 So. 2d 592 (Fla.App.1969); McDade v. State, 211 So. 2d 242 (Fla.App.1968); Dupuy v. State, 141 So. 2d 825 (Fla.App.1962). We have carefully examined the remaining points raised by appellant and have determined them to be without merit. [*413] Accordingly, the judgment of the trial court is reversed and the…
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Yuanis v. State, 347 So. 2d 448 (Fla. 3d DCA 1977)…r v. State, 199 So. 2d 517 (Fla.3d DCA 1967). On this identity issue the record contains substantial competent evidence to support the guilty verdict and, therefore, we will not disturb the convictions on appeal. Cf. Taylor, supra; Jenkins v. State, 211 So. 2d 242 [*449] (Fla.3d DCA 1968); Hargrett v. State, 255 So. 2d 298 (Fla.3d DCA 1971). Affirmed.…
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Kinsey v. State, 237 So. 2d 808 (Fla. 3d DCA 1970)…by the culprit while fleeing the scene] is ample, competent, sufficient evidence to support the question of identity. Wright v. State, Fla.App.1966, 182 So. 2d 264; Gibson v. State, Fla.App.1968, 208 So. 2d 128, 129; Jenkins v. State, Fla.App.1968, 211 So. 2d 242. The victim in the other larceny testified as to the value of the articles taken [a medical bag and its contents] on the date of the event. This evidence is sufficient to sustain the burden of proving value to support the charge of grand larceny. S…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ross v. State, 190 So. 2d 187 (Fla. 3d DCA 1966)