Waters v. Wainwright, 74-774
| Decision Date | 31 July 1975 |
| Docket Number | No. 74-774,74-774 |
| Citation | 316 So.2d 588 |
| Parties | Charles E. WATERS, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Respondent. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Elliot R. Brooks and Channing Brackey, Asst. Public Defenders, West Palm Beach, for petitioner.
Robert L. Shevin, Atty. Gen., Tallahassee, and Stephen R. Koons, Asst. Atty. Gen., West Palm Beach, for respondent.
This is an appeal from a judgment and sentence for armed robbery entered upon a jury verdict of guilty. We have reviewed the record, and find adequate evidence to support this conviction. Though witness testimony may conflict, the determination of the credibility of witnesses is exclusively the province of the jury. Jefferson v. State, 298 So.2d 465 (3d DCA Fla.1974). We affirm the judgment.
Defendant complains he was sentenced without being given credit for time served as prescribed in Fla.Stat. § 921.161(1). Said statute requires that the trial court
'shall allow a defendant credit for all of the time he spent in the county jail before sentence.'
In light of the requirements of this statute, we vacate the sentence and remand with respectful instructions to resentence defendant giving him credit for time served in the county jail. Hamilton State, 306 So.2d 600 (2d DCA Fla.1975); Hollingshead v. State, 292 So.2d 617 (1st DCA Fla.1974).
Affirmed in part, reversed in part, with directions.
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Reed By and Through Lawrence v. Bowen, 86-182
...conflicts on this point, the determination of the credibility of witnesses is exclusively the province of the jury. Waters v. Wainwright, 316 So.2d 588 (Fla. 4th DCA 1975); see also, Marshall v. State, 54 Fla. 66, 44 So. 742 (1907). We find there was circumstantial evidence from which the j......
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Smith v. Brown, 4-86-1996
...its judgment for that of the jury. Moore v. Huntington National Bank of Columbus, 352 So.2d 589 (Fla. 3rd DCA 1977); Waters v. Wainwright, 316 So.2d 588 (Fla. 4th DCA 1975); and Reed By and Through Lawrence v. Bowen, 503 So.2d 1265 (Fla. 2d DCA 1986). The trial judge does have the responsib......