ROY KENNETH FINNEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court affirmed the conviction and sentence, finding no reversible error in the trial court's rulings or the sufficiency of the evidence.
The appellant was charged with armed robbery and convicted by a jury. He appealed, raising issues regarding speedy trial demands, suppression of evide…
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By this appeal the appellant questioned the correctness of an adverse jury verdict, judgment of conviction, and sentence thereon in a criminal proceeding wherein he was charged with armed robbery. He urges error in the failure to discharge the appellant because of demands for a speedy trial in three successive terms of court; that the court erred in denying the motion to suppress evidence; that the court erred in failing to give a charge on circumstantial evidence; and that the evidence was insufficient to support the charge. We affirm.
It is apparent from the record that the appellant did not file three successive demands for a speedy trial [he being incarcerated], in accordance with the statutes of this State. Kelly v. State ex rel. Morgan, Fla.1951, 54 So.2d 431; Loy v. Grayson, Fla.1957, 99 So.2d 555; Ryan v. State, Fla.App.1967, 197 So.2d 37; § 915.02, Fla.Stat., F.S.A.
Error has not been made to appear in the ruling on the motion to suppress. Bonner v. State, Fla.1955, 80 So.2d 683; Smith v. State, Fla.App.1966, 182 So.2d 461; State v. Lemmon, Fla.App.1968, 212 So.2d 322. There was no need for the trial judge to give the circumstantial evidence charge when the record contained direct, positive identification of the appellant by an eye witness to the crime. Leavine v. State, 109 Fla. 447, 147 So. 897; Flint v. State, Fla.App.1960, 117 So.2d 552; Accord Boyd v. State, Fla.App.1960, 122 So.2d 632.
Lastly, at this stage of the proceedings, all evidence in conflict is resolved in favor of the verdict as well as all inferences therefrom are taken in favor of the verdict. Crum v. State, Fla.App.1965, 172 So.2d 24; Sylvia v. State, Fla.App. 1968, 210 So.2d 286; Sellers v. State, Fla.App. 1968, 212 So.2d 659.
Therefore, for the reasons above stated, the verdict, judgment of conviction, and sentence here under review be and the same is hereby affirmed.
Affirmed.
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Finney v. State, 225 So. 2d 913 (Fla. 1969)…Certiorari denied without opinion. 220 So. 2d 673.…
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Franklin v. State, 229 So. 2d 892 (Fla. 3d DCA 1969)…judgment of .guilt appealed, there being sufficient evidence and reasonable inferences therefrom to sustain the verdict. Sylvia v. State, Fla.App. 1968, 210 So. 2d 286; Sellers v. State, Fla. App.1968, 212 So. 2d 659; Finney v. State, Fla.App.1969, 220 So. 2d 673. But the trial court, over the appellant’s objection, admitted the testimony of two victims of robberies that the appellant had allegedly committed in Ft. Myers. That testimony presented the jury with no additional information relevant to the issue…
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Doyle Lee Wilkinson v. State, 322 So. 2d 620 (Fla. 3d DCA 1975)…shows all points to be without merit. The record contains substantial competent evi [*622] dence from which the jury could find the appellants guilty of the crimes charged. Crum v. State, Fla.App. 1965, 172 So. 2d 24; Finney v. State, Fla.App.1969, 220 So. 2d 673. The appellants’ guilty pleas waived all non-jurisdictional defects. They were tried within a very short period after they were permitted to withdraw their guilty pleas. The guilty pleas and withdrawal thereof, in effect, delayed the appellants’ tr…
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 (13 total)
- Crum v. State, 172 So. 2d 24 (Fla. 3d DCA 1965)
- Leavine v. State, 109 Fla. 447 (Fla. 1933)
- Kelly v. State Ex Rel. Morgan, 54 So. 2d 431 (Fla. 1951)
- Boyd v. State, 122 So. 2d 632 (Fla. 1st DCA 1960)
- Sylvia v. State, 210 So. 2d 286 (Fla. 3d DCA 1968)
- Alton LOY v. Grayson, 99 So. 2d 555 (Fla. 1957)
- Sellers v. State, 212 So. 2d 659 (Fla. 3d DCA 1968)
- Bonner v. State, 80 So. 2d 683 (Fla. 1955)
- Doyle Lewis Flint v. State, 117 So. 2d 552 (Fla. 2d DCA 1960)
- Smith v. State, 182 So. 2d 461 (Fla. 2d DCA 1966)