LOUIS HENRY STEWART, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Affirmed conviction for manslaughter where evidence of self-defense was conflicting and the trial court properly resolved credibility disputes.
Where evidence of self-defense is conflicting, the trial court's resolution of credibility is binding on appeal if supported by competent substantial evidence.
[1] On appeal from a bench trial conviction, where evidence of self-defense is conflicting, the appellate court will not disturb the trial court's credibility determinations…
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Join FLexlaw to unlock all legal intelligenceStewart was charged with second-degree murder for a killing. He waived jury trial, and the case was tried before the court. Evidence presented by both…
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This appeal is by the defendant from conviction of manslaughter, for which a ten-year imprisonment sentence was imposed. The information filed against him was for second degree murder. The defendant waived trial by jury, and the case was tried before the court.
The appellant contends the conviction was unwarranted because the evidence showed the killing was in self-defense. The evidence on that issue, as presented in testimony of witnesses for the state and for the defendant, was in conflict. In addition, the defendant testified to certain facts of the occurrence which tended to show that the killing was not in self-defense. There was competent substantial evidence sufficient to support the judgment of conviction, giving due regard to the quantum of proof applicable. On such conflicting evidence it was the province of the trial court to resolve the conflicts in the evidence, and to accept the testimony believed to be true and to reject that which it concluded was unworthy of belief. Crockett v. State, 137 Fla. 450, 188 So. 214. Where the court has so determined the cause, in accordance with evidence which we regard to be sufficient, it is not for this court to substitute its judgment for that of the trial court. Evans v. State, Fla.App.1969, 218 So.2d 515; Ford v. State, Fla.App.1971, 251 So.2d 562.
Affirmed.
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Citator
Cited By
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Jimenez v. State, 764 So. 2d 933 (Fla. 3d DCA 2000)…d the case was properly submitted to the jury. See Brown v. State, 454 So. 2d 596, 598-99 (Fla. 5th DCA 1984); Knight v. State, 392 So. 2d 337, 338-39 (Fla. 3d DCA 1981); Teague v. State, 390 So. 2d 405, 406-07 (Fla. 5th DCA 1980); Stewart v. State, 266 So. 2d 163 (Fla. 3d DCA 1972). As to the final point on appeal, the State concedes that the defendant falls within the window period to challenge his sentence under the 1995 guidelines, which were invalidated in Heggs v. State, 759 So. 2d 620 (Fla.2000). Acc…
Authorities Cited
- Ford v. State, 251 So. 2d 562 (Fla. 3d DCA 1971)
- Crockett v. State, 137 Fla. 450 (Fla. 1939)
- Evans v. State, 218 So. 2d 515 (Fla. 3d DCA 1969)