JOHN ROBERT MILLER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed Miller's conviction for second degree murder, rejecting his insufficiency-of-evidence claim based on self-defense because the jury verdict was supported by the record and appellate courts do not reweigh evidence or reassess witness credibility.
A jury verdict of guilty for second degree murder is affirmed when supported by the evidence, and appellate courts will not substitute their judgment for the jury's on matters of evidence weight and witness credibility.
[1] On appellate review of a jury verdict, the court will not substitute its judgment for that of the jury regarding the weight of evidence or the credibility of witnesses, n…
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Join FLexlaw to unlock all legal intelligenceJohn Robert Miller was indicted for first degree murder, tried before a jury that found him guilty of first degree murder, and the trial court reduced…
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PER CURIAM.
Appellant, John Robert Miller, was indicted on a charge of first degree murder. Upon trial, a jury found him guilty of first degree murder. The trial court reduced the charge to second degree murder, entered judgment and sentenced appellant to life imprisonment.
Appellant seeks review of his conviction and sentence. The ground he relies on for reversal is insufficiency of the evidence to support a conviction of second degree murder, in that he acted in self defense. We have carefully considered this point in the light of the record and briefs and we find that no reversible error has been shown. The record discloses that the case was fully and fairly tried, and that the verdict of guilty of first degree murder, as reduced to second degree murder, is supported by the evidence. On appeal, this court will not substitute its judgment (of matters exclusively within the province of the jury such as the weight to be accorded evidence, and the credibility of the witness by whom it is adduced) 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. Loprince v. State, Fla.App. 1969, 218 So. 2d 212; Jefferson v. State, Fla.App.1974, 298 So. 2d 465, 466.
Accordingly, the judgment and sentence is affirmed.
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WAY v. State, 418 So. 2d 1227 (Fla. 3d DCA 1982)…gain and then shot the victim. The shooting of the victim was preceded or followed by a random shot into the ceiling. I would reduce the conviction to second-degree murder.1 See Martinez v. State, 360 So. 2d 108 (Fla. 3d DCA 1978); Miller v. State, 328 So. 2d 544 (Fla. 3d DCA 1976). . The trial judge while expressing some doubt as to his authority to reduce the conviction was also of the opinion that this was not a case where the twenty-five year mandatory minimum sentence was warranted.…
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DEL RIO v. State, 478 So. 2d 79 (Fla. 3d DCA 1985)…52 (1982). It is the function of the jury, not of the court, to weigh the evidence and to assess the credibility of the witnesses. Rodriguez v. State, 436 So. 2d 219, 220 (Fla. 3d DCA 1983), review denied, 447 So. 2d 888 (Fla.1984); Miller v. State, 328 So. 2d 544, 545 (Fla. 3d DCA 1976). Finding that substantial, competent evidence supports the verdict, we affirm the conviction and sentence. Appellant’s remaining points lack merit. Affirmed.…
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Brown v. State, 356 So. 2d 1340 (Fla. 3d DCA 1978)…PER CURIAM. Affirmed. See: Miles v. State, 160 Fla. 523, 36 So. 2d 182, 183 (1948); Miller v. State, 328 So. 2d 544 (Fla. 3d DCA 1976); Bell v. State, 354 So. 2d 1266 (Fla. 3d DCA 1978); White v. State, 324 So. 2d 115 (Fla. 3d DCA 1975); Koontz v. State, 204 So. 2d 224 (Fla. 2d DCA 1967).…
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
- Jefferson v. State, 298 So. 2d 465 (Fla. 3d DCA 1974)
- Loprince v. State, 218 So. 2d 212 (Fla. 3d DCA 1969)