Boykin v. State

Decision Date18 March 1975
Docket NumberNo. W-105,W-105
Citation309 So.2d 211
PartiesDavid Freeman BOYKIN, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Louis O. Frost, Jr., Public Defender, and Steven E. Rohan, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee.

PER CURIAM.

The only issue on appeal relates to the failure of the learned trial judge to grant a timely motion to suppress evidence. Our examination of the record reveals that there was a conflict in the testimony as to whether or not the search giving rise to the seizure of the evidence was a 'consent search'. There was ample testimony to support the trial judge's conclusion that it was. It is axiomatic that determination of issues of fact based upon conflicting evidence is the prerogative of the trier of the fact and if that determination is supported by substantial competent evidence it may not be reversed on appeal. Accordingly, the judgment and sentence appealed are

Affirmed.

RAWLS, C. J., and BOYER and McCORD, JJ., concur.

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4 cases
  • Noe v. State
    • United States
    • Florida District Court of Appeals
    • August 7, 1991
    ...of the trier of fact, and if supported by competent and substantial evidence, may not be reversed on appeal. Boykin v. State, 309 So.2d 211 (Fla. 1st DCA 1975). Miranda rights do not commence upon the discovery of facts justifying an arrest, or because a person is the focus of a criminal in......
  • Younger v. State, 82-248
    • United States
    • Florida District Court of Appeals
    • June 23, 1983
    ...for consent and, at best, conflicting evidence as to whether the officers threatened to obtain a search warrant. See Boykin v. State, 309 So.2d 211 (Fla. 1st DCA 1975) (ample testimony, albeit conflicting, supported trial court's conclusion that consent to search was Appellant next contends......
  • Tarver v. State
    • United States
    • Florida District Court of Appeals
    • July 27, 2007
    ...evidence will not be disturbed on appeal if that determination is supported by substantial, competent evidence. Boykin v. State, 309 So.2d 211, 211 (Fla. 1st DCA 1975). This court is to review de novo whether the trial court's application of the law to the historical facts establishes an ad......
  • McCloud v. State, 76-1291
    • United States
    • Florida District Court of Appeals
    • November 29, 1977
    ...Affirmed. See Cacciatore v. State, 186 So.2d 32 (Fla. 3d DCA 1966); Rhome v. State, 222 So.2d 431 (Fla. 3d DCA 1969); Boykin v. State, 309 So.2d 211 (Fla. 1st DCA 1975). ...

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