Jefferson v. State, 73--1375
| Decision Date | 26 June 1974 |
| Docket Number | No. 73--1375,73--1375 |
| Citation | 298 So.2d 465 |
| Parties | Harold Butler JEFFERSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Phillip A. Hubbart, Public Defender, and Eva Weisner, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Linda C. Hertz, Asst. Atty. Gen., for appellee.
Before CARROLL and HENDRY, JJ., and LESTER, M. IGNATIUS, Associate Judge.
This is an appeal by appellant, defendant in the trial court, from jury conviction and sentence thereon.
Appellant was convicted of assault with intent to commit robbery and first degree murder. He was sentenced to life imprisonment on the murder count and fifteen (15) years on the attempted robbery. The sentences were ordered to run consecutively.
The appellant contends there was not sufficient competent evidence produced at trial to sustain the jury in finding that the defendant intended to participate in the robbery. We disagree. We find that there was substantial competent evidence to support the verdict, which carries a presumption of correctness with all inference to be drawn from the evidence to be in favor of the judgment of guilt. It is not the function of an appellate court to re-try the case or to substitute its judgment for that of the jury. But if the evidence is wholly insufficient to justify a verdict of guilt, or if the facts established by the evidence do not constitute the offense of which the defendant stands convicted it is the duty of the appellate court to so declare and to reverse a judgment of guilt based upon such verdict. In performing this function the appellate court in order to give the proper weight to a jury verdict approved by the trial court must assume that the jury believed that credible testimony most damaging to the defendant and drew from the facts established those reasonable conclusions most unfavorable to the defendant. Parrish v. State, Fla.App.1957, 97 So.2d 356.
It is well settled that the weight to be accorded such evidence, and the credibility of the witness by whom it is adduced, lies exclusively within the province of the jury. On appeal, this court will not substitute its judgment of such matters for that of the jury, nor will it pit its judgment against that of the jury in the determination of factual issues presented at trial. Alleman v. State, Fla.App.1973, 279 So.2d 382; Loprince v. State, Fla.App.1969, 218 So.2d 212; Beard v. State, ...
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Sampson v. State, 77-1240
...some of Reed's property in his possession fully supports the jury finding of his guilt as a principal of robbery. See, Jefferson v. State, 298 So.2d 465 (Fla.3d DCA 1974); Mallory v. State, 211 So.2d 69 (Fla.3d DCA 1968); Perry v. State, 177 So.2d 892 (Fla.3d DCA 1965). Furthermore, since h......
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McCoy v. State, 75--1176
...26, 36 So. 170; Volusia County Bank v. Bigelow, 45 Fla. 638, 33 So. 704; Garmise v. State, Fla.App.1975, 311 So.2d 747; Jefferson v. State, Fla.App.1974, 298 So.2d 465; Amato v. State, Fla.App.1974, 296 So.2d 609; Wetherington v. State, Fla.App.1972, 263 So.2d 294; Great Atlantic and Pacifi......
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E. Y. v. State, 79-1859
...defendant." Parrish v. State, 97 So.2d 356, 358 (Fla. 1st DCA 1957), cert. denied, 101 So.2d 817 (Fla.1958). See also, Jefferson v. State, 298 So.2d 465 (Fla. 3d DCA 1974). Consequently, this court will not substitute its judgment for that of the trier of fact nor pit its judgment against t......
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Wilder v. State
...DCA 1986); Busch v. State, 466 So.2d 1075 (Fla. 3d DCA 1984); State v. Cromartie, 419 So.2d 757 (Fla. 1st DCA 1982), Jefferson v. State, 298 So.2d 465 (Fla. 3d DCA 1974). ...