WOODROW ALBERT STARLING, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Defendant was found guilty by the trial court of assault with intent to commit a felony, first degree murder, for which he received a ten year sentence.
On this appeal two points are presented by appellant. The first challenges the trial court’s denial of defendant’s motion for judgment of acquittal. The point is not well taken under the rule stated in Shifrin v. State, Fla.App.1968, 210 So.2d 18. The second point is likewise unavailing because it is within the trial court’s province as the trier of fact to resolve conflicts in the evidence presented. Hoover v. State, Fla.App.1968, 212 So.2d 95; Eizenman v. State, Fla.App.1961, 132 So.2d 763. At this stage of the proceedings, all conflicts and reasonable inferences therefrom are resolved in support of the judgment of conviction. Shuler v. State, Fla.App.1968, 213 So.2d 312; Walden v. State, Fla.App.1966, 191 So.2d 68. And, finding substantial competent evidence to support the trial judge’s finding of guilt, we are required to affirm. Tafero v. State, Fla.App.1969, 223 So.2d 564; Williams v. State, Fla.App.1966, 187 So.2d 913.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (17 total)
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E. Y. v. State, 390 So. 2d 776 (Fla. 3d DCA 1980)…49 So. 2d 16 (Fla.1971). All conflicts and reasonable inferences therefrom are resolved to support the judgment of conviction. Wooten v. State, 361 So. 2d 167 (Fla. 3d DCA 1978); Dawson v. State, 338 So. 2d 242 (Fla. 3d DCA 1976); Starling v. State, 263 So. 2d 645 (Fla. 3d DCA), cert. denied, 268 So. 2d 905 (Fla.1972). Next, the appellant asserts the trial court erred in delegating authority to his counsel- or to fix restitution. The dispositional order of this court provided: “Further, said child is to pay…
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Thinnell Dawson v. State, 338 So. 2d 242 (Fla. 3d DCA 1976)…appeal, we review the record for the purpose of determining whether it contains substantial competent evidence which, if believed, will support the trial judge’s finding of guilt. Crum v. State, 172 So. 2d 24 (Fla. 3rd DCA 1965); Starling v. State, 263 So. 2d 645 (Fla. 3rd DCA 1972). Generally, all conflicts and reasonable inferences from 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 f…
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Hinkle v. State, 355 So. 2d 465 (Fla. 3d DCA 1978)…ved the credible testimony and evidence most damaging 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…
Previewing 3 of 17 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)
- Shifrin v. State, 210 So. 2d 18 (Fla. 3d DCA 1968)
- 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)