ROBERT SHULER, A/K/A EDWARD CARTER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1968-08-13
Nos. 67-1072, 67-1073
Before PEARSON, BARKDULL and SWANN, JJ.
213 So. 2d 312 Florida District Court of Appeal, Third District (1968) Positive Treatment
Cited by 8 cases

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Synopsis

The Florida District Court of Appeal affirmed a defendant's convictions for larceny of an automobile and receiving stolen property, finding sufficient evidence to support the jury's verdict.


Holding

Yes, the appellate court found that there was sufficient competent evidence to support both convictions.


Key Quotes

“By these consolidated appeals the appellant, defendant in the criminal court of record, seeks review of non-jury convictions finding him guilty of larceny of an automobile and receiving stolen property.”

This quote establishes the nature of the appeal and the convictions being reviewed.

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Facts & Procedural History

The appellant was convicted in the criminal court of record for larceny of an automobile and receiving stolen property. He appealed these convictions,…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

By these consolidated appeals the appellant, defendant in the criminal court of record, seeks review of non-jury convictions finding him guilty of larceny of an automobile and receiving stolen property. The principle attacked on both convictions is insufficiency of evidence to support same.

Resolving all conflicts in support of the judgment of conviction and reasonable inferences therefrom [Crum v. State, Fla.App.1965, 172 So.2d 24; Walden v. State, Fla.App.1966, 191 So.2d 68; Hennessy v. State, Fla.App.1967, 198 So.2d 37] we find sufficient competent evidence to support both convictions, under the authority of MacDonald v. State, 56 Fla. 74, 47 So. 485; Kemp v. State, 146 Fla. 101, 200 So. 368; Borghese v. State, Fla.App.1963, 158 So.2d 785; Shaw v. State, Fla.App.1968, 209 So.2d 477, and do hereby affirm.

Affirmed.


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Citator

Cited By

  • Starling v. State, 263 So. 2d 645 (Fla. 3d DCA 1972)
    …, Fla.App.1968, 212 So. 2d 95; Eizenman v. State, Fla.App.1961, 132 So. 2d 763. At this stage of the proceedings, all conflicts and reasonable inferences therefrom are resolved in support of the judgment of conviction. Shuler v. State, Fla.App.1968, 213 So. 2d 312; Walden v. State, Fla.App.1966, 191 So. 2d 68. And, finding substantial competent evidence to support the trial judge’s finding of guilt, we are required to affirm. Tafero v. State, Fla.App.1969, 223 So. 2d 564; Williams v. State, Fla.App.1966, 187…
  • Dreger v. State, 228 So. 2d 431 (Fla. 3d DCA 1969)
    …ate, Fla.App.1968, 212 So. 2d 95. At this stage of the proceeding, all conflicts and reasonable inferences therefrom are resolved in support of the judgment of conviction. Walden v. State, Fla.App.1966, 191 So. 2d 68; Shuler v. State, Fla. App.1968, 213 So. 2d 312. And, finding substantial competent evidence to support [*432] the trial judge’s finding of guilt, we are required to affirm. Williams v. State, Fla.App.1966, 187 So. 2d 913; Tafero v. State, Fla.App.1969, 223 So. 2d 564. Affirmed.…
  • Nettle v. State, 291 So. 2d 20 (Fla. 3d DCA 1974)
    …the transaction resulting in the second transaction. There is a dispute in the record, but at this stage, the conflicts are resolved in favor of the trial court’s ruling. Walden v. State, Fla.App.1966, 191 So. 2d 68; Shuler v. State, Fla.App. 1968, 213 So. 2d 312; Starling v. State, Fla.App. 1972, 263 So. 2d 645. And, there is evidence which indicates that at the conclusion of the first sale the defendant advised the purchaser that he had an additional packet of cocaine; gave her his telephone number; and th…

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