Starling v. State, 71--1149
| Decision Date | 13 June 1972 |
| Docket Number | No. 71--1149,71--1149 |
| Citation | 263 So.2d 645 |
| Parties | Woodrow Albert STARLING, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
McCrary, Ferguson & Lee, and Harold Long, Jr., Miami, for appellant.
Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Miami, for appellee.
Before CHARLES CARROLL, HENDRY and HAVERFIELD, JJ.
Defendant was found guilty by the trial court of assault with intent to commit a felony, first degree murder, for which he received a ten year sentence.
On this appeal two points are presented by appellant. The first challenges the trial court's denial of defendant's motion for judgment of acquittal. The point is not well taken under the rule stated in Shifrin v. State, Fla.App.1968, 210 So.2d 18. The second point is likewise unavailing because it is within the trial court's province as the trier of fact to resolve conflicts in the evidence presented. Hoover v. State, Fla.App.1968, 212 So.2d 95; Eizenman v. State, Fla.App.1961, 132 So.2d 763. At this stage of the proceedings, all conflicts and reasonable inferences therefrom are resolved in support of the judgment of conviction. Shuler v. State, Fla.App.1968, 213 So.2d 312; Walden v. State, Fla.App.1966, 191 So.2d 68. And, finding substantial competent evidence to support the trial judge's finding of guilt, we are required to affirm. Tafero v. State, Fla.App.1969, 223 So.2d 564; Williams v. State, Fla.App.1966, 187 So.2d 913.
Affirmed.
To continue reading
Request your trial
-
Hinkle v. State
...those reasonable conclusions most unfavorable to him. See, e. g., Heineman v. State, 327 So.2d 898 (Fla. 3d DCA 1976); Starling v. State, 263 So.2d 645 (Fla. 3d DCA 1972); Dreger v. State, 228 So.2d 431 (Fla. 3d DCA 1969); and Douglas v. State, 214 So.2d 653 (Fla. 3d DCA 1968). See generall......
-
Diaz v. State, s. 74-1482
...So.2d 763; Reis v. State, Fla.App.1971, 248 So.2d 666; Hemmerle v. City of Wilton Manors, Fla.App.1971, 251 So.2d 146; Starling v. State, Fla.App.1972, 263 So.2d 645; Oatman v. State, Fla.App.1974, 289 So.2d 431; Gray v. State, Fla.App.1974, 296 So.2d 612; McNeal v. State, Fla.App.1974, 303......
-
Bocanegra v. State, 75-830
...323 So.2d 297; Borders v. State, Fla.App.1975, 312 So.2d 247; Williams v. State, Fla.App.1975, 307 So.2d 877; Starling v. State, Fla.App.1972, 263 So.2d 645; Grech v. State, Fla.App.1971, 243 So.2d 216; Patrick v. State, Fla.App.1967, 203 So.2d 62; Pessolano v. State, Fla.App.1964, 166 So.2......
-
E. Y. v. State, 79-1859
...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 Next, the appellant asserts the trial court erred in delegating authority to his counselor to fix ......