FLOYD JOE PERKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed a conviction for assault with intent to rape, finding sufficient evidence to support the trial judge's decision despite the appellant's alibi witnesses. The appeal solely questioned the sufficiency of the evidence.
Yes, the evidence was sufficient to support the conviction. The trial judge, as the trier of fact, was entitled to believe the victim's positive identification over the appellant's alibi witnesses.
“We have considered the briefs and the transcript of testimony and are of the view that the judgment is supported by credible evidence which was obviously believed by the trial judge.”
Establishes the court's finding that the evidence was sufficient.
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Join FLexlaw to unlock all legal intelligenceThe appellant was convicted of assault with intent to rape and sentenced to three years imprisonment. He waived a jury trial, and the trial judge hear…
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Appellant was convicted of assault with intent to rape and sentenced to three years imprisonment. He waived a jury trial and the evidence was heard by the trial judge sitting as a trier of fact.
The only question raised by this appeal is the sufficiency of the evidence to convict the defendant.
*45We have considered the briefs and the transcript of testimony and are of the view that the judgment is supported by credible evidence which was obviously believed by the trial judge. Appellant offered alibi witnesses, but the trier of fact chose to believe the victim who positively identified him.
No reversible error having been demonstrated, Burton v. State, 128 So.2d 765 (Fla.App.2d 1961), the judgment appealed is
Affirmed.
WIGGINTON, C. J., and CARROLL, DONALD K., and SPECTOR, JJ., concur.