JOE ALLAN DENSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Assault With Intent To Commit Murder cases and more on FLexlaw
PER CURIAM.
On this appeal by the defendant from conviction of assault with intent to commit murder the appellant contends the evidence was insufficient to support the conviction, and that the sentence should be set aside for failure of the court to comply with his request for a pre-sentence investigation.
On consideration thereof in the light of the record and briefs we hold no reversible error has been shown. Although contradicted in certain respects by the defendant, the evidence presented by the state was ample to support .the finding of guilt. Determination of the weight of the evidence, the credibility of the witnesses and resolution of conflicts in the evidence were the duty and province of the trier of fact. We reject as without merit the appellant’s contention that the sentence should be set aside and the cause remanded for resentencing because of absence of a pre-sentencing investigation. See Cole v. State, Fla.App.1972, 262 So. 2d 902, 904.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hanks v. State, 305 So. 2d 817 (Fla. 3d DCA 1974)…a defendant who moves for a judgment of acquittal admits all facts introduced into evidence and every inference favorable to the state which may be drawn from the evidence. Lett v. State, Fla.App. 1965, 174 So. 2d 568; Dancy v. State, Fla.App.1973, 284 So. 2d 452. In our view, the record reveals not that the evidence as to identity was insufficient, but to the contrary, as already stated, the state offered adequate proof of identity. Lastly, we find little merit in appellants’ contention that the in-court…
-
Smith v. State, 320 So. 2d 420 (Fla. 2d DCA 1975)…facts presented and the reasonable inferences to be drawn from those facts are to be resolved in behalf of the state. See Lett v. State, Fla.App.2d, 1965, 174 So. 2d 568; Byrd v. State, Fla. 1974, 297 So. 2d 22, and Dancy v. State, Fla.App.3d, 1973, 284 So. 2d 452. The evidence adduced in the state’s case discloses that the appellant had the predisposition to commit the offenses with which she was charged. Her activities, as mentioned above, showed that she was a principal in procuring and delivering the narc…
-
Lou Ann Andreasen v. State, 439 So. 2d 226 (Fla. 3d DCA 1983)…d every conclusion favorable to the state fairly and reasonably in-ferable therefrom. Victor v. State, 141 Fla. 508, 193 So. 762 (1939); Weldon v. State, 287 So. 2d 133 (Fla. 3d DCA 1973), appeal dismissed, 298 So. 2d 419 (Fla.1974); Dancy v. State, 284 So. 2d 452 (Fla. 3d DCA 1973); Dixon v. State, 180 So. 2d 681 (Fla. 2d DCA 1965), cert. dismissed, 188 So. 2d 318 (Fla.), appeal dismissed, 188 So. 2d 810 (Fla.1966). The test to be applied in reviewing the denial of a motion for acquittal is whether the jury…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cole v. State, 262 So. 2d 902 (Fla. 3d DCA 1972)