FRANK EVANS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the conviction, finding sufficient competent evidence to support the trial court's judgment.
The defendant was charged with receiving stolen property, waived a jury trial, and was found guilty by the court. The defendant appealed, arguing the …
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The defendant was charged by information with buying, receiving or concealing stolen property, to-wit: One 1966 Oldsmobile. A plea of not guilty was entered and trial by jury waived. Upon trial, defendant was found guilty and sentenced to eighteen months in the state penitentiary.
Appellant seeks reversal primarily on the grounds that the evidence on which he was convicted is legally insufficient to support the judgment. We find appellant’s contentions to be without substantial merit.
It is well settled that an appellate court may not substitute its judgment for that of the trier of facts where there is sufficient competent evidence to support the trier’s finding. Crum v. State, Fla. App.1965, 172 So.2d 24. Moreover, it is clearly established that the judgment of guilty comes to this court with a presumption of correctness and all inferences to *516be drawn from the evidence are to be m favor of guilt. Birge v. State, Fla.1957, 92 So.2d 819; Hoover v. State, Fla.App. 1968, 212 So.2d 95; Martin v. State, Fla. App.1967, 195 So.2d 9.
We have carefully examined the entire record on appeal and considered the briefs and arguments of counsel and have concluded that there is ample competent evidence to support the conviction and that no reversible error appears. Accordingly the judgment and sentence appealed are affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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Laytner v. State, 239 So. 2d 857 (Fla. 3d DCA 1970)…le inferences therefrom to support a conviction, an adjudication of guilt should not be interfered with by an appellate court. Crum v. State, Fla.App.1965, 172 So. 2d 24; Williams v. State, Fla.App.1966, 187 So. 2d 913; Evans v. State, Fla.App.1969, 218 So. 2d 515. Examining the record in light of these principles, we find no error in the trial judge finding that the appellant did pass a worthless check which was not post-dated. However, the record clearly indicates that such an event was for the purpose of d…
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Kelsey Bethel v. State, 305 So. 2d 251 (Fla. 3d DCA 1974)…to support the verdict. Moreover, it is clearly established that the judgment of guilty comes to this court with a presumption of correctness and all inferences to be drawn from the evidence are to be in favor of guilt. Evans v. State, Fla.App.1969, 218 So. 2d 515. After a careful examination of the record on appeal we find there was competent substantial evidence contained therein to sustain the judgment of conviction. We also considered appellant’s remaining points of appeal and find them to be lacking in…
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Stewart v. State, 266 So. 2d 163 (Fla. 3d DCA 1972)…ate, 137 Fla. 450, 188 So. 214. Where the court has so determined the cause, in accordance with evidence which we regard to be sufficient, it is not for this court to substitute its judgment for that of the trial court. Evans v. State, Fla.App.1969, 218 So. 2d 515; Ford v. State, Fla.App.1971, 251 So. 2d 562. Affirmed.…
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
- Crum v. State, 172 So. 2d 24 (Fla. 3d DCA 1965)
- Birge v. State, 92 So. 2d 819 (Fla. 1957)
- Hoover v. State, 212 So. 2d 95 (Fla. 3d DCA 1968)
- Martin v. State, 195 So. 2d 9 (Fla. 4th DCA 1967)