Bivins v. State

Full title: JOHN ALBERT BIVINS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Apr 9, 1968

208 So. 2d 666 (Fla. Dist. Ct. App. 1968)

Opinion

No. 67-792.

April 9, 1968.

Appeal from the Circuit Court of Record for Dade County, Edward S. Klein, J.

Robert L. Koeppel, Public Defender and Herbert M. Klein, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen. and Harold Mendelow, Asst. Atty. Gen., for appellee.

Before PEARSON, BARKDULL and HENDRY, JJ.

PER CURIAM.

The appellant was found guilty after a non-jury trial upon two separate informations charging defendant with crimes against nature in violation of § 800.01, Fla. Stat., F.S.A. He was sentenced to a total of six years. This appeal followed.

The single point presented on appeal urges that the State did not establish a prima facie case concerning the commission of the crime. It is urged that the element of penetration was not proved. See Swain v. State, Fla.App. 1965, 172 So.2d 3.

The testimony of the victim was clearly sufficient to establish the element specified. See Drawdy v. State, 97 Fla. 367, 120 So. 844 (1929).

Affirmed.