RONALD EDWARD WETHERINGTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that there was sufficient competent evidence to support the conviction, rejecting the appellant's claim of insufficiency.
The appellant was convicted of breaking and entering a dwelling with intent to commit grand larceny. The appeal challenges the sufficiency of the evid…
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The appellant was convicted of breaking and entering a dwelling with intent to commit grand larceny. His contention on this appeal therefrom is insufficiency of the evidence to support the conviction.
As stated by this court in Crum v. State, Fla.App.1965, 172 So.2d 24, 25, a judgment of conviction comes to this court with a presumption of correctness; a claim of insufficiency of the evidence will not prevail where examination of the record *295reveals there was substantial competent evidence to support the verdict and judgment, with due regard given to the quantum of proof required in such a case; and in so considering the evidence the appellate court is entitled to accept, in favor of the judgment, inferences reasonably to be drawn from the evidence which support the charge.
Conflicts in evidence, and that it may have been susceptible of differing inferences and presented the trier of the facts with questions as to credibility of witnesses and weight to be given to testimony and other evidence presented, will not establish insufficiency of the evidence to sustain a judgment of conviction when the record discloses there was competent substantial evidence sufficient in law for its support.
Having due regard for those principles, this court upon examination of the record holds the contention of the appellant of insufficiency of the evidence in this case is without merit. No useful purpose would be served by restating the evidence presented at trial.
The judgment is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (26 total)
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Delbert Lee Tibbs v. State, 397 So. 2d 1120 (Fla. 1981)…DCA 1976), cert. denied, 431 U.S. 968, 97 S.Ct. 2926, 53 L.Ed.2d 1064 (1977) (conflicts in evidence and questions about witness’ credibility will not justify reversal when evidence is legally sufficient to support conviction); Wetherington v. State, 263 So. 2d 294 (Fla.3d DCA 1972). . Spinkellink v. State, 313 So. 2d 666 (Fla.1975); Wooten v. State, 361 So. 2d 167 (Fla.3d DCA 1978); Dawson v. State, 338 So. 2d 242 (Fla.3d DCA 1976). . One problem, of course, is whether an appellate court actually “reweighs”…
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Spinkellink v. State, 313 So. 2d 666 (Fla. 1975)…So. 2d 755 at 760 (Fla. 1959). . Victor v. State, 141 Fla. 508, 193 So. 762 (1940). . 104 So. 2d 352 (Fla.1958) at 354. . McCutehen v. State, 96 So. 2d 152 (Fla. 1957). . Anderson v. State, 24 Fla. 139, 3 So. 884 (1888) ; Wetherington v. State, 263 So. 2d 294 (Fla.App.1972). . Pearsall v. State, 215 So. 2d 58 (Fla.App. 1968), cert. den. 396 U.S. 912, 90 S.Ct. 228, 24 L.Ed.2d 188.…
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Dalton Abbott v. State, 334 So. 2d 642 (Fla. 3d DCA 1976)…timony and other evidence presented, will not establish insufficiency of the evidence to sustain a judgment of conviction when the record discloses there was competent substantial evidence in law for its support. Wetherington v. State, Fla.App.1972, 263 So. 2d 294, 295. Without a recitation of the myriad facts in evidence implicating defendant Abbott, suffice it to say that from our review of the record, it is clear that there is competent substantial evidence to support the verdict and conviction of guilt.…
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- Crum v. State, 172 So. 2d 24 (Fla. 3d DCA 1965)