RICHARD TYSON CARTER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE; ROBERT SPENCER, APPELLANT, V. THE STATE OF FLORIDA, APPELLEE
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This case involves two appellants convicted of breaking and entering and grand larceny. The appellate court affirmed their convictions, finding sufficient evidence to support the trial court's decision and rejecting the argument that the value of the stolen property was not proven.
Yes, there was sufficient competent substantial evidence to support the convictions. Yes, the value of the stolen property was adequately proven by the victim's testimony.
“We find sufficient competent substantial evidence to support the judgment of guilt.”
Establishes the court's finding regarding the sufficiency of evidence for the conviction.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellants were found guilty of breaking and entering a dwelling and grand larceny after a non-jury trial. Fingerprints were found at the scene, and t…
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Appellants, defendants in the trial court, seek review of their respective convictions and sentences to four years [each] in the State penitentiary, entered by the trial court pursuant to a non-jury trial finding the appellants guilty of breaking and entering a dwelling and grand larceny.
Fingerprints of the defendants were found at the scene of the crime. They offered an explanation that the prints had been placed there on a prior occasion, and offered an alibi as to their whereabouts at the time of the crime. The trier of the facts chose not to believe their alibi. We find sufficient competent substantial evidence to support the judgment of guilt. With such in the record, the trier of fact was justified in refusing to believe the explanation and the alibi. Johnson v. State, 127 Fla. 100, 172 So. 708; Kennedy v. State, 153 Fla. 863, 16 So.2d 45; Grizzard v. State, Fla.App.1962, 139 So.2d 161.
The other point on appeal, urging that the State failed to prove the value of the property taken, is found to be without merit. The victim clearly identified the loss of the property taken as $1,700.00; $700.00 in traveler’s checks and $1,000.00 in cash.
Therefore, the judgments, convictions, and sentences here under review be and they are hereby affirmed.
Affirmed.
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Diaz v. State, 323 So. 2d 289 (Fla. 3d DCA 1975)…PER CURIAM. Affirmed on the authority of Redditt v. State, Fla.1955, 84 So. 2d 317; Tennant v. State, Fla.App. 1967, 205 So. 2d 324; Farrington v. State, Fla.App.1968, 207 So. 2d 513; Carter v. State, Fla.App.1968, 212 So. 2d 805; Costantino v. State, Fla.App.1969, 224 So. 2d 341; Wingate v. State, Fla.App.1970, 232 So. 2d 44; Ricks v. State, Fla.App.1970, 242 So. 2d 763; Reis v. State, Fla.App.1971, 248 So. 2d 666; Hemmerle v. City of Wilton Manors, Fla.App.1971, 251 So. 2d…
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Spencer v. State, 259 So. 2d 512 (Fla. 3d DCA 1972)…on. On December 6, 1967, the appellant was convicted of breaking and entering a dwelling, and of grand larceny, and was sentenced to imprisonment in the state prison for a period of four years. He appealed, and this court affirmed on July 16, 1968 (212 So. 2d 805). The Supreme Court of Florida denied certiorari. Thereafter, on November 21, 1970, the appellant filed his motion under Rule 3.850 CrPR in the trial court. Thereby he sought to obtain a new trial upon contending the trial court committed error by…
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Lopez v. State, 508 So. 2d 502 (Fla. 3d DCA 1987)…PER CURIAM. Affirmed. Michigan v. Long, 463 U.S. 1032, 103 S.Ct. 3469, 77 L.Ed.2d 1201 (1983); Johnson v. State, 127 Fla. 100, 106, 172 So. 708, 710 (1937); Carter v. State, 212 So. 2d 805, 805 (Fla. 3d DCA 1968).…
Authorities Cited
- Johnson v. State, 127 Fla. 100 (Fla. 1937)
- Harley Kennedy v. State, 153 Fla. 863 (Fla. 1943)
- Grizzard v. State, 139 So. 2d 161 (Fla. 2d DCA 1962)