VICTOR YUANIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the evidence was sufficient to support the conviction, as the victim had ample opportunity to identify the assailant and the trial judge was entitled to resolve conflicts in the evidence.
[1] A conviction will not be reversed on appeal based on insufficiency of the state's evidence solely because the state produced only one witness whose testimony was contradi…
[2] The trier of fact has the duty to resolve conflicts in the evidence, including those concerning the identification of a defendant as the perpetrator of a crime.
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Join FLexlaw to unlock all legal intelligenceVictor Yuanis was convicted of robbery, false imprisonment, and kidnapping. He appealed, arguing the victim's identification of him as the perpetrator…
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PER CURIAM.
Victor Yuanis seeks reversal of his conviction for robbery, false imprisonment and kidnapping following a non-jury trial and contends that the evidence as to his identity as the perpetrator of the crimes is insufficient, at best tenuous.
Defendant Yuanis relying upon Ross v. State, 190 So. 2d 187 (Fla.3d DCA 1966) argues that the victim who identified him as the perpetrator of the crime did not have a sufficient opportunity to observe the features, voice, mannerisms or demeanor of his assailant to make a subsequent positive identification. Moreover, the evidence of identity was unsatisfactory as the victim’s identification testimony was largely uncorroborated and contradicted by the witnesses presented by the defendant.
Contrary to the contention of the defendant, the record demonstrates that the victim had ample opportunity to observe his assailant and made a positive identification of the defendant with respect thereto. Further, the defendant testified that he was, in fact, at the scene of the crime.
This case is controlled by the following holding in State v. Sebastian, 171 So. 2d 893, 895 (Fla.1965):
“ We know of no statute or case law in this jurisdiction which requires more than one witness in a criminal case nor do we believe it proper for an appellant court to reverse a conviction of guilt upon the basis of insufficiency of the State’s evidence merely because the State produced but one witness and his testimony was contradicted by the defendant
There being conflicts in the evidence as to the identification of the defendant as being the perpetrator of the crime, the duty devolved upon the trier of the facts, in the instant case the trial judge, to resolve the conflict. See Taylor v. State, 199 So. 2d 517 (Fla.3d DCA 1967). On this identity issue the record contains substantial competent evidence to support the guilty verdict and, therefore, we will not disturb the convictions on appeal. Cf. Taylor, supra; Jenkins v. State, 211 So. 2d 242 (Fla.3d DCA 1968); Hargrett v. State, 255 So. 2d 298 (Fla.3d DCA 1971).
Affirmed.
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Cited By
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Mills v. State, 407 So. 2d 218 (Fla. 3d DCA 1981)…y lesser included offense of kidnapping. See Annot., 68 A.L.R.3d 828 (1976). See also In the Matter of the Use by the Trial Courts of the Standard Jury Instructions in Criminal Cases (Fla.1981) (Case Nos. 57,734 and 58,799). But see Yuanis v. State, 347 So. 2d 448 (Fla.3d DCA 1977); Swyers v. State, 334 So. 2d 278 (Fla.3d DCA 1976); In the Interest of T.L.T., 324 So. 2d 200 (Fla.4th DCA 1975) (affirming convictions for both false imprisonment and kidnapping without comment). Mills makes no contention that fal…
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Allangson Brunson v. State, 492 So. 2d 1155 (Fla. 3d DCA 1986)…mony adduced below sufficiently establishes the identity of the defendant as the assailant in this case. See Clark v. State, 122 Fla. 310, 310-11, 165 So. 44, 45 (1936); McClendon v. State, 372 So. 2d 1161, 1162 (Fla. 1st DCA 1979); Yuanis v. State, 347 So. 2d 448, 448 (Fla. 3d DCA 1977); accord Carrasco v. State, 470 So. 2d 858, 860 (Fla. 1st DCA 1985). The final point raised presents reversible error. The trial court departed from the sentencing guidelines in this case and sentenced the defendant to two c…
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Aikens v. State, 609 So. 2d 764 (Fla. 3d DCA 1992)…PER CURIAM. On direct and circumstantial evidence identifying the defendant as the perpetra [*765] tor of the charged offenses, the court properly denied motions for judgment of acquittal and submitted the case to the jury. Yuanis v. State, 347 So. 2d 448 (Fla. 3d DCA 1977). The reason given by the State in peremptorily challenging a black venireperson— that a close relative had been charged with a similar offense — was sufficiently race neutral to justify removal. Bowden v. State, 588 So. 2d 225 (…
Authorities Cited
- State v. Sebastian, 171 So. 2d 893 (Fla. 1965)
- Hargrett v. State, 255 So. 2d 298 (Fla. 3d DCA 1971)
- Ross v. State, 190 So. 2d 187 (Fla. 3d DCA 1966)
- Taylor v. State, 199 So. 2d 517 (Fla. 3d DCA 1967)
- Vander Jenkins v. State, 211 So. 2d 242 (Fla. 3d DCA 1968)