LEVI FISHER, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed a conviction for first-degree murder, holding that the jury's verdict was supported by sufficient evidence, including eyewitness testimony and the defendant's confession.
Yes, the evidence was sufficient to support the jury's verdict.
“Although there is evidence in the record to support appellant's theory of innocence, there is likewise competent and substantial evidence by eyewitnesses to the crime and appellant's own confession made shortly thereafter to support the jury's verdict.”
Establishes the basis for the court's conclusion that the jury had sufficient evidence.
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Join FLexlaw to unlock all legal intelligenceThe appellant was convicted of first-degree murder based on a jury verdict, which included a recommendation of mercy. The appeal focused on the suffic…
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Appellant seeks review of a judgment of conviction and sentence based upon a jury verdict finding him guilty of murder in the first degree with a recommendation of mercy. The principal question preserved on appeal is the sufficiency of the evidence to support the judgment.
Although there is evidence in the record to support appellant’s theory of innocence, there is likewise competent and substantial evidence by eyewitnesses to the crime and appellant’s own confession made shortly thereafter to support the jury’s verdict. It is not the province of this court to substitute its judgment for that of the trier of the facts. The credibility of the testimony and the weight of the evidence are peculiarly jury questions to be decided by the trier of the facts. The findings by the jury will not be disturbed in the absence of a clear showing that the evidence demonstrates that the conclusions reached are erroneous. We have considered the remaining points on appeal but find them to be without substantial merit. The judgment appealed is affirmed.
WIGGINTON, C. J., and CARROLL, DONALD K., and RAWLS, JJ., concur.
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Fisher v. State, 237 So. 2d 558 (Fla. 1st DCA 1970)…g the conviction of appellant. This Court studied the sufficiency of the evidence and other matters raised and determined that the trial of appellant was not infected with error. The judgment of conviction and sentence was affirmed, Fisher v. State, 224 So. 2d 415 (Fla.App.1st, 1969). After his conviction and incarceration in the State Prison, appellant wrote and filed a motion to vacate under Florida Rules of Criminal Procedure 1.850, 33 F.S.A., alleging several grounds that he perceived to have been error…
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Alphonso London v. State, 239 So. 2d 38 (Fla. 1st DCA 1970)…PER CURIAM. Appellant’s conviction of the crime of breaking and entering with intent to commit a felony, together with the fifteen-year sentence imposed upon him, is affirmed on authority of Fisher v. State, 224 So. 2d 415 (Fla.App.1969). CARROLL, DONALD K., Acting C. J., and WIGGINTON and SPECTOR, JJ., concur.…
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Briggs v. State, 267 So. 2d 50 (Fla. 1st DCA 1972)…n of guilt. This Court has no authority to disturb the findings of the jury in the absence of a clear showing that the evidence demonstrates that the conclusion reached is erroneous. Lee v. State, 153 So. 2d 351 (Fla.App.1st, 1963); Fisher v. State, 224 So. 2d 415 (Fla.App.1st, 1969). The judgment appealed herein is accordingly affirmed. RAWLS, Acting C. J., and WIGGIN-TON and JOHNSON, JJ., concur.…
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