Buenoano v. State, 68074

Decision Date09 April 1987
Docket NumberNo. 68074,68074
Parties12 Fla. L. Weekly 177 Judias BUENOANO, Petitioner, v. STATE of Florida, Respondent.
CourtFlorida Supreme Court

Application for Review of the Decision of the District Court of Appeal--Direct Conflict of Decisions.

James A. Johnston, Pensacola, for petitioner.

Robert A. Butterworth, Atty. Gen., and Gary L. Printy, Asst. Atty. Gen., Tallahassee, for respondent.

ADKINS, Justice (Ret.).

We granted review of Buenoano v. State, 478 So.2d 387 (Fla. 1st DCA 1985), on the basis of apparent conflict with such opinions as Heiney v. State, 447 So.2d 210 (Fla.), cert. denied, 469 U.S. 920, 105 S.Ct. 303, 83 L.Ed.2d 237 (1984); and McArthur v. State, 351 So.2d 972 (Fla.1977), setting forth the standard of review for the sufficiency of the evidence in criminal cases in which convictions are based upon circumstantial evidence. Upon closer examination of Buenoano, however, we have determined that the district court decision is fully in accord with this line of precedent. Finding no direct and express conflict with any Florida appellate opinion, we note that jurisdiction has been improvidently granted and dismiss the instant petition for review.

It is so ordered.

McDONALD, C.J., and OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur.

To continue reading

Request your trial
10 cases
  • Cochran v. State, 67972
    • United States
    • Florida Supreme Court
    • 27 Julio 1989
    ...evidence in the light most favorable to the jury's verdict. Buenoano v. State, 478 So.2d 387 (Fla. 1st DCA 1985), review dismissed, 504 So.2d 762 (Fla.1987). With these principles in mind, we find the evidence sufficient to support a verdict of premeditated murder. Cochran claimed that the ......
  • Thomas v. State
    • United States
    • Florida District Court of Appeals
    • 17 Septiembre 1987
    ...Court has determined that the First District's opinion in Buenoano is not in conflict with either Heiney or McArthur. See Buenoano v. State, 504 So.2d 762 (Fla.1987).1 See note 13 to the separate opinion in Dunn v. State, 454 So.2d 641 (Fla. 5th DCA 1984).2 Of course, any reasonable substan......
  • State v. Sims
    • United States
    • Florida District Court of Appeals
    • 25 Marzo 2013
    ...Supreme Court. State v. Law, 559 So.2d 187 (Fla.1989); Buenoano v. State, 478 So.2d 387 (Fla. 1st DCA 1985), review dismissed,504 So.2d 762 (Fla.1987). The State presented competent circumstantial evidence that was inconsistent with any reasonable hypothesis of innocence that Appellee was n......
  • Williams v. State, 87-1599
    • United States
    • Florida District Court of Appeals
    • 13 Septiembre 1988
    ...469 U.S. 920, 105 S.Ct. 303, 83 L.Ed.2d 237 (1984); Buenoano v. State, 478 So.2d 387, 390 (Fla. 1st DCA 1985), review dismissed, 504 So.2d 762 (Fla.1987). In Heiney, on the basis of a fact scenario similar to that in the instant case, the supreme court found sufficient evidence of premedita......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT