JOHNNY ELLISON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1971-12-02
No. P-258
Johnson, J., Spector, C.J., Wigginton, J.
254 So. 2d 837 Florida District Court of Appeal, First District (1971) Positive Treatment
Cited by 4 cases

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Synopsis

The court affirmed the conviction for robbery, holding that the evidence was sufficient to support the jury's guilty verdict and that the jury's credibility determinations were not clearly unsupported by competent and substantial evidence.

Holding

A jury verdict of guilty for robbery is affirmed when the record contains sufficient, competent evidence to sustain the conviction and the jury's credibility determinations are not clearly unsupported.

Headnotes

[1] A jury verdict will not be disturbed on appeal unless clearly demonstrated to be unsupported by competent and substantial evidence, as credibility determinations and weig…

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Facts & Procedural History

Appellant was charged with robbery, tried by jury, found guilty, and sentenced to twenty years imprisonment. The State's case relied on testimony from…

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Topics
Jury'S Province Standard Of Appellate Review Weight Of Evidence Robbery

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Opinion of the Court
JOHNSON, Judge.

JOHNSON, Judge.

Appellant was charged by information with robbery, tried by a jury, found guilty and sentenced to twenty years imprisonment. By this appeal, he asks that the judgment of conviction be reversed and the cause remanded with directions to enter a judgment of acquittal on the grounds that the evidence was not sufficient to establish his guilt beyond a reasonable doubt.

We have carefully examined and considered the transcript of testimony and the briefs submitted by the parties. In order to sustain the conviction, the State relies upon the testimony of the two victims of the robbery and the arresting officers. Without recounting in detail the evidence adduced at the trial of this cause, it is sufficient to state that we have concluded that the record contains sufficient, competent evidence to sustain the jury’s verdict and the adjudication of guilt entered pursuant thereto. It is obvious that the jury elected to believe the testimony of the witnesses testifying on behalf of the State and to disbelieve appellant’s explanation of his activities on the evening in question. As the weight to be given the evidence and the credibility to be accorded the witnesses lie peculiarly within the province of the jury, this Court will not disturb the verdict unless the same is clearly demonstrated to be unsupported by competent and substantial evidence. Thomas v. State, 223 So.2d 118 (Fla.App.1st, 1969); Phillips v. State, 223 So.2d 60 (Fla.App.1st, 1969).

The appellant having failed to demonstrate reversible error, the judgment appealed herein is affirmed.

SPECTOR, C. J., and WIGGINTON, J., concur.

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Citator

Cited By

  • Parker v. State, 295 So. 2d 312 (Fla. 1st DCA 1974)
    …ficiency of the evidence to support a conviction, we have often stated that a jury verdict will not be disturbed unless it is clearly demonstrated to be unsupported by competent and substantial evidence (Ellison v. State, [*313] Fla.App. (1st) 1971, 254 So. 2d 837; Thomas v. State, Fla.App. (1st) 1969, 223 So. 2d 118; Phillips v. State, Fla.App. (1st) 1969, 223 So. 2d 60) In a jury trial, whether it he civil or criminal, the jury is the ultimate fact finder and, when the evidence is conflicting, if there is…
  • Strain v. State, 271 So. 2d 815 (Fla. 1st DCA 1973)
    …eal having been read and given full consideration, and the appellant having failed to demonstrate reversible error, the judgment of the lower court is affirmed. See Buchanan v. [*816] State, 97 Fla. 1059, 22 So. 704 (Fla.1929), and Ellison v. State, 254 So. 2d 837 (Fla.App.1971). CARROLL, DONALD K., Acting C. J., and RAWLS and JOHNSON, JJ., concur.…

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