ELMER COURTNEY DAVIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1968-12-10
No. 68-419
Before CHARLES CARROLL, C. J., and PEARSON and BARKDULL, JJ.
216 So. 2d 766 Florida District Court of Appeal, Third District (1968) Positive Treatment
Cited by 4 cases

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Synopsis

The appellate court affirmed a conviction for robbery, finding sufficient evidence presented at trial to support the guilty verdict. The appellant's sole argument on appeal was the insufficiency of the evidence.


Holding

Yes, the evidence was sufficient to support the conviction for robbery.


Key Quotes

“The only point preserved for review on this appeal is the sufficiency of the evidence to support the conviction.”

Identifies the sole legal issue raised on appeal.

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Facts & Procedural History

The appellant was convicted of robbery following a non-jury trial. The evidence presented included direct testimony that the appellant struggled with …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks review of his conviction and sentence to ten years in the State penitentiary, entered by the trial court pursuant to a non-jury trial finding the appellant guilty of robbery in violation of § 813.011, Fla.Stat., F.S.A.

The only point preserved for review on this appeal is the sufficiency of the evidence to support the conviction. Examining the record in light of this principle, we find direct testimony that the appellant struggled with the victim, removed his wallet from his back pocket, and was positively identified. Therefore, we do not disturb the judgment of conviction here under review, upon the authority of Sharon v. State, Fla.App.1963, 156 So.2d 677; Crum v. State, Fla.App.1965, 172 So.2d 24; Williams v. State, Fla.App.1966, 187 So.2d 913.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Dawson v. State, 224 So. 2d 388 (Fla. 2d DCA 1969)
    …press and yet the appellant abandoned these motions. The lower court correctly concluded that the record conclusively showed that the guilty pleas were entered voluntarily. Young v. State, Fla.App.1968, 216 So. 2d 497; Moore v. State, Fla.App.1968, 216 So. 2d 766; and Haywood v. State, Fla.App.1969, 218 So. 2d 242. Oral argument is dispensed with as serving no useful purpose pursuant to Rule 3.10(e) F.A.R., 32 F.S.A. Affirmed. MANN and McNULTY, JJ., concur.…
  • Frizzell v. State, 220 So. 2d 32 (Fla. 2d DCA 1969)
    …PER CURIAM. Affirmed on authority of Haywood v. State (Fla.App.2d 1969), 218 So. 2d 242; Moore v. State (Fla.App.2d 1968), 216 So. 2d 766; and Young v. State (Fla.App.2d 1968), 216 So. 2d 497. HOBSON, A. C. J., and PIERCE and McNULTY, JJ., concur.…

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