BERNARD O'SULLIVAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that there was sufficient evidence to support the conviction for buying, receiving, or concealing stolen property.
Appellant was found guilty in a non-jury trial of buying, receiving, or concealing stolen property. He appealed, arguing insufficient evidence.…
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PER CURIAM.
Appellant, Bernard O’Sullivan, appeals from a judgment and sentence entered after appellant was found guilty in a non-jury trial of buying, receiving or concealing stolen property.
O’Sullivan contends that the trial court erred in finding him guilty because there was insufficient evidence adduced to support the conviction. We do not agree.
The necessary ingredient of the offense of receiving stolen property, knowing it to have been stolen, is knowledge on the receiver’s part at the time he receives the thing stolen, that the property is stolen, or of such fact as would put a person of ordinary intelligence and caution on inquiry. Seymour v. State, 246 So. 2d 155 (Fla.3d DCA 1971).
It is fundamental that an appellate court does not sit as a trier of fact. Where there are conflicts in the evidence in a non-jury trial, it is within the province of the trial judge to reject any testimony he finds to be untrue and to accept and rely upon that which he finds to be worthy of belief. Hoover v. State, 212 So. 2d 95 (Fla.3d DCA 1968). Accord Crum v. State, 172 So. 2d 24 (Fla.3d DCA 1965).
The record discloses that the case was fully and fairly tried, and that the judgment is supported by the evidence. No reversible error having been made to appear, the judgment and sentence are affirmed.
Affirmed.
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Nelson v. State, 372 So. 2d 949 (Fla. 2d DCA 1979)…in its burden of proving guilty knowledge of stolen property. See, e. g„ Barket v. State, 342 So. 2d [*952] 526 (Fla. 1st DCA 1977) aff'd 356 So. 2d 263 (Fla.1977), cert. denied 439 U.S. 843, 99 S.Ct. 136, 58 L.Ed.2d 142 (1978); O'Sullivan v. State, 335 So. 2d 869 (Fla. 3d DCA 1976); Aboy v. State, 334 So. 2d 270 (Fla. 3d DCA 1976) [where the state succeeded in its burden]; Ward v. State, 347 So. 2d 784 (Fla. 1st DCA 1977) [where the state succeeded as to one of two defendants and failed as to the other]; and…
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Roberts v. State, 390 So. 2d 769 (Fla. 3d DCA 1980)…he replied, “I don’t know anything about it and I’m not going to let you search my car.” It is fundamental that an appellate court does not sit as a trier of fact. Conflicts in the evidence must be resolved by the trial judge. O’Sullivan v. State, 335 So. 2d 869 (Fla. 3d DCA 1976). An appellate court may not substitute its judgment. State v. Nova, 361 So. 2d 411 (Fla.1978). The ruling by the trial court comes to this court “with the presumption of correctness”, and reasonable inferences and deductions are t…
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A.P. v. State, 652 So. 2d 1285 (Fla. 3d DCA 1995)…PER CURIAM. Affirmed. Simmons v. State, 305 So. 2d 178 (Fla.1974); Johnson v. State, 574 So. 2d 1131 (Fla. 3d DCA 1991); J.Y. v. State, 332 So. 2d 643 (Fla. 3d DCA 1976); O’Sullivan v. State, 335 So. 2d 869 (Fla. 3d DCA 1976); Meyers v. State, 303 So. 2d 371 (Fla. 3d DCA 1974); cert. denied, 315 So. 2d 184 (Fla.1975).…
Authorities Cited
- Crum v. State, 172 So. 2d 24 (Fla. 3d DCA 1965)
- Hoover v. State, 212 So. 2d 95 (Fla. 3d DCA 1968)
- Seymour v. State, 246 So. 2d 155 (Fla. 3d DCA 1971)