JORGE LUIS PONCE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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This case reviews the sufficiency of evidence to prove a driver's knowledge of a crime being committed, affirming the conviction because the driver's actions indicated complicity.
Yes, the appellant's actions demonstrated his knowledge that a crime was in progress and his intent to aid in its perpetration.
“The only substantial question raised on this appeal is the sufficiency of the evidence to establish that the appellant, who was the driver of the car used in the crime, knew that the crime was being committed.”
This quote states the central legal issue on appeal.
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Join FLexlaw to unlock all legal intelligenceThe appellant drove participants to a residence, circled the area multiple times while the crime occurred, and was apprehended at the scene. He was co…
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Appellant was found guilty after a non-jury trial of breaking and entering a dwelling house with intent to commit grand larceny. The only substantial question raised on this appeal is the sufficiency of the evidence to establish that the appellant, who was the driver of the car used in the crime, knew that the crime was being committed. He relies upon Williams v. State, Fla.App. 1968, 206 So.2d 446, for reversal.
The record reveals that the appellant drove the active participants to the residence to be entered and there continued to circle the area seven or eight times while the crime was in progress. He was taken into custody when he stopped at the scene of the crime. These facts distinguish appellant’s position from that of the driver in Williams v. State, supra, where the court found that there was a reasonable hypothe*61sis consistent with Williams’s innocence. Appellant’s actions here clearly indicate that he knew a crime was in progress and was there to aid in its perpetration. Cf. Luke v. State, Fla.App.1967, 204 So.2d 359.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Williams v. State, 206 So. 2d 446 (Fla. 4th DCA 1968)
- Luke v. State, 204 So. 2d 359 (Fla. 4th DCA 1967)