RICHARD DREGER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court affirmed a conviction for indecent assault on a minor, holding that the evidence presented was sufficient to support the trial judge's finding of guilt after a non-jury trial.
Yes, the evidence was sufficient to support the conviction.
“Conflicting evidence was presented to the trier of fact; it was within his province to resolve the conflicts.”
Establishes that the judge, as the trier of fact, had the authority to weigh conflicting evidence.
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Join FLexlaw to unlock all legal intelligenceRichard Dreger was convicted of indecent assault on a female minor under fourteen years old after a non-jury trial. The only issue raised on appeal wa…
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Appellant seeks review of his conviction, after a non-jury trial, of a lewd and lascivious or indecent assault without intending to commit rape upon a female minor under the age of fourteen years, in violation of § 800.4, Fla.Stat., F.S.A. The only point preserved for review on this appeal is the sufficiency of the evidence to support the judgment of conviction. We affirm.
Conflicting evidence was presented to the trier of fact; it was within his province to resolve the conflicts. Eizenman v. State, Fla.App.1961, 132 So.2d 763; Hoover v. State, Fla.App.1968, 212 So.2d 95. At this stage of the proceeding, all conflicts and reasonable inferences therefrom are resolved in support of the judgment of conviction. Walden v. State, Fla.App.1966, 191 So.2d 68; Shuler v. State, Fla. App.1968, 213 So.2d 312. And, finding substantial competent evidence to support *432the trial judge’s finding of guilt, we are required to affirm. Williams v. State, Fla.App.1966, 187 So.2d 913; Tafero v. State, Fla.App.1969, 223 So.2d 564.
Affirmed.
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Thinnell Dawson v. State, 338 So. 2d 242 (Fla. 3d DCA 1976)…m the evidence are to be drawn in favor of the judgment of conviction and the evidence is to be viewed in the light most favorable to support the conclusion of the trier of fact. Douglas v. State, 214 So. 2d 653 (Fla. 3rd DCA 1968); Dreger v. State, 228 So. 2d 431 (Fla. 3rd DCA 1969). Our review of the record discloses sufficient evidence from which the trier of fact could reasonably infer that the victim was placed in fear by the defendant’s act of threatening her with the unloaded rifle.2 Even if the evide…
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Hinkle v. State, 355 So. 2d 465 (Fla. 3d DCA 1978)…g to appel [*469] lant and drew from the facts established those reasonable conclusions most unfavorable to him. See, e. g., Heineman v. State, 327 So. 2d 898 (Fla. 3d DCA 1976); Starling v. State, 263 So. 2d 645 (Fla. 3d DCA 1972); Dreger v. State, 228 So. 2d 431 (Fla. 3d DCA 1969); and Douglas v. State, 214 So. 2d 653 (Fla. 3d DCA 1968). See generally 2 Fla. Jur., Appeals §§ 308, 322, 340-15 (1963). I am of the opinion that, in the instant case, the record reflects substantial competent evidence from which…
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Askary v. State, 294 So. 2d 33 (Fla. 3d DCA 1974)…lved all conflicts against the defendant this court will not reverse the judgment of conviction, all conflicts and reasonable inferences therefrom being resolved at this stage of the proceedings in support thereof. See Dreger v. State, Fla.App.1969, 228 So. 2d 431 and 2 Fla.Jur.Appeals § 344 (1963) and cases cited therein. Appellant also contends that it was error to admit the testimony of Warren D. Holmes, a polygraph expert, since it pertained directly to the results of the polygraph examinations which are…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Eizenman v. State, 132 So. 2d 763 (Fla. 3d DCA 1961)
- Hoover v. State, 212 So. 2d 95 (Fla. 3d DCA 1968)
- Tafero v. State, 223 So. 2d 564 (Fla. 3d DCA 1969)
- Sobol v. Sobol, 191 So. 2d 68 (Fla. 3d DCA 1966)
- Morena Williams v. State, 187 So. 2d 913 (Fla. 3d DCA 1966)
- Shuler v. State, 213 So. 2d 312 (Fla. 3d DCA 1968)