RODNEY WOOTEN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Conviction for possession with intent to sell cocaine reversed due to insufficient evidence of intent to sell, but conviction for resisting an officer with violence affirmed.
A conviction for possession with intent to sell cocaine must be reversed when the record contains insufficient competent evidence to support the intent-to-sell element, though other convictions may be affirmed if supported by evidence.
[1] On appeal from a jury conviction, an appellate court must reverse the conviction if the record lacks sufficient competent evidence to support an essential element of the…
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted by jury of resisting an officer with violence and possession with intent to sell cocaine, receiving sentences of 1 year and 5 …
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KEHOE, Judge.
Appellant, defendant below, brings this appeal from his jury conviction for resisting an officer with violence and possession with intent to sell a controlled substance, i.e., cocaine. Appellant was sentenced to 1 year and 5 years respectively.
Appellant’s basic contention on appeal is that the evidence was insufficient to show any intent to sell.
It is a well established rule that an appellate court should not disturb a verdict under review where there is sufficient competent evidence to sustain it. Also, on appeal, conflicts in the evidence and the reasonable inferences therefrom should be resolved in favor of the verdict. See, e.g., Alvord v. State, 322 So. 2d 533 (Fla.1975); and Spinkellink v. State, 313 So. 2d 666 (Fla.1975). In the instant case, even after applying these rules, we must agree with appellant’s contention that the record does not reveal sufficient competent evidence from which the jury could have found appellant guilty of an intent to sell. However, the record does reveal sufficient competent evidence to support the other findings of the jury verdict. Therefore, the conviction is reversed to the extent that it found appellant guilty of an intent to sell cocaine and affirmed in all other aspects. Accordingly, the cause is remanded for a readjudication and resentencing not inconsistent with this opinion.
Affirmed in part, reversed in part, and remanded.
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Delbert Lee Tibbs v. State, 397 So. 2d 1120 (Fla. 1981)…questions about witness’ credibility will not justify reversal when evidence is legally sufficient to support conviction); Wetherington v. State, 263 So. 2d 294 (Fla.3d DCA 1972). . Spinkellink v. State, 313 So. 2d 666 (Fla.1975); Wooten v. State, 361 So. 2d 167 (Fla.3d DCA 1978); Dawson v. State, 338 So. 2d 242 (Fla.3d DCA 1976). . One problem, of course, is whether an appellate court actually “reweighs” the evidence in reviewing a trial court’s grant or denial of a motion for new trial based on the groun…
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E. Y. v. State, 390 So. 2d 776 (Fla. 3d DCA 1980)…ts judgment against those determinations of fact properly rendered by the trier of fact. State v. Smith, 249 So. 2d 16 (Fla.1971). All conflicts and reasonable inferences therefrom are resolved to support the judgment of conviction. Wooten v. State, 361 So. 2d 167 (Fla. 3d DCA 1978); Dawson v. State, 338 So. 2d 242 (Fla. 3d DCA 1976); Starling v. State, 263 So. 2d 645 (Fla. 3d DCA), cert. denied, 268 So. 2d 905 (Fla.1972). Next, the appellant asserts the trial court erred in delegating authority to his couns…
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WAY v. State, 418 So. 2d 1227 (Fla. 3d DCA 1982)…s judgment against those determinations of fact properly rendered by the trier of fact. State v. Smith, 249 So. 2d 16 (Fla. 1971). All conflicts and reasonable inferences therefrom are resolved to support the judgment of conviction. Wooten v. State, 361 So. 2d 167 (Fla. 3d DCA 1978); Dawson v. State, 338 So. 2d 242 (Fla. 3d DCA 1976); Starling v. State, 263 So. 2d 645 (Fla. 3d DCA), cert. denied, 268 So. 2d 905 (Fla. 1972). Viewing the evidence in this light, it appears that the defendant became upset upon l…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Alvord v. State, 322 So. 2d 533 (Fla. 1975)
- Simkins Indus., Inc. v. Moreira, 313 So. 2d 666 (Fla. 1975)
- Spinkellink v. State, 313 So. 2d 666 (Fla. 1975)