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Davis v. State

District Court of Appeal of Florida, Third District
Jan 17, 1969
216 So. 2d 766 (Fla. Dist. Ct. App. 1969)

Opinion

No. 68-419.

December 10, 1968. Rehearing Denied January 17, 1969.

Appeal from the Criminal Court of Record for Dade County, Carling Stedman, J.

Robert L. Koeppel, Public Defender, and Robert L. Parks, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Melvin Grossman, Asst. Atty. Gen., for appellee.

Before CHARLES CARROLL, C.J., and PEARSON and BARKDULL, JJ.


Appellant seeks review of his conviction and sentence to ten years in the State penitentiary, entered by the trial court pursuant to a non-jury trial finding the appellant guilty of robbery in violation of § 813.011, Fla. Stat., F.S.A.

The only point preserved for review on this appeal is the sufficiency of the evidence to support the conviction. Examining the record in light of this principle, we find direct testimony that the appellant struggled with the victim, removed his wallet from his back pocket, and was positively identified. Therefore, we do not disturb the judgment of conviction here under review, upon the authority of Sharon v. State, Fla.App. 1963, 156 So.2d 677; Crum v. State, Fla.App. 1965, 172 So.2d 24; Williams v. State, Fla. App. 1966, 187 So.2d 913.

Affirmed.


Summaries of

Davis v. State

District Court of Appeal of Florida, Third District
Jan 17, 1969
216 So. 2d 766 (Fla. Dist. Ct. App. 1969)
Case details for

Davis v. State

Case Details

Full title:ELMER COURTNEY DAVIS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jan 17, 1969

Citations

216 So. 2d 766 (Fla. Dist. Ct. App. 1969)