BENJAMIN D. ALLEMAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that there was substantial competent evidence to support the trial court's finding of guilt for leaving the scene of an accident involving personal injuries.
Appellant was convicted of leaving the scene of an accident involving personal injuries. He appealed, contending the evidence did not prove beyond a r…
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This is an appeal by Benjamin D. Alle-man from his conviction of leaving the scene of an accident involving personal injuries being in violation of § 317.071,1 Fla.Stat., F.S.A. The trial judge who heard the cause without a jury imposed a sentence of one year in the county jail to be split2 into ninety days jail time and then for appellant to be placed on probation and released into the custody of the Florida Parole and Probation Commission for a term of eighteen months, subject to the terms and conditions to be set forth by further order of the court.
It is appellant’s contention on appeal that the evidence did not show beyond and to the exclusion of every reasonable doubt that appellant was involved in an accident and that he wilfully failed to stop after an accident resulting in an injury.
*383We have carefully considered the transcript of testimony and evidence adduced at trial and have concluded that there is substantial competent evidence to support the trial court’s finding of guilt. The weight to be given the evidence and the credibility to be accorded the witnesses’ testimony is a determination which is exclusively within the province of the trier of fact and will be affirmed when supported by competent substantial evidence. Wetherington v. State, Fla.App.1972, 263 So.2d 294; Loprince v. State, Fla.App.1969, 218 So.2d 212. Accordingly, the judgment and sentence appealed from is hereby affirmed.
Affirmed.
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Jefferson v. State, 298 So. 2d 465 (Fla. 3d DCA 1974)…f the jury. On appeal, this court will not substitute its judgment of such matters for that of the jury, nor will it pit its judgment against that of the jury in the determination of factual issues presented at trial. Alleman v. State, Fla.App.1973, 279 So. 2d 382; Loprince v. State, Fla.App.1969, 218 So. 2d 212; Beard v. State, Fla.App.1958, 104 So. 2d 680. At the trial Muriel Wallace, the deceased’s wife, testified that on the day of the crime she and her husband were selling ice cream on their route; two…
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State v. Taylor, 826 So. 2d 399 (Fla. 3d DCA 2002)…in its discretion, made a credibility determination and found that Malone was not credible; that finding is supported by competent substantial evidence and will not be disturbed. Stone v. State, 616 So. 2d 1041 (Fla. 4th DCA 1993); Alleman v. State, 279 So. 2d 382 (Fla. 3d DCA 1973). See Smiley v. Greyhound Lines, Inc., 704 So. 2d 204 (Fla. 5th DCA 1998). The additional evidence presented at the hearing belies any attempt by the state to assert that Malone was aware of the open garage door, or anything else.…
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Murray Rubin v. State, 368 So. 2d 69 (Fla. 3d DCA 1979)…So. 2d 731 (Fla. 3d DCA 1977); Pegues v. State, 361 So. 2d 433 (Fla. 1st DCA 1978). The other point, going to the sufficiency of the evidence, we find to be without merit. Wetherington v. State, 263 So. 2d 294 (Fla. 3d DCA 1972); Alleman v. State, 279 So. 2d 382 (Fla. 3d DCA 1973); Abbott v. State, 334 So. 2d 642 (Fla. 3d DCA 1976). Therefore, for the reasons above stated, the adjudication of guilt and sentences thereon be and they are hereby affirmed. Affirmed.…
Authorities Cited
- Wetherington v. State, 263 So. 2d 294 (Fla. 3d DCA 1972)
- Loprince v. State, 218 So. 2d 212 (Fla. 3d DCA 1969)