Opinion
No. 98-1052
Opinion filed April 14, 1999 JANUARY TERM 1999
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Virginia Gay Broome, Judge; L.T. Case No. 96-2671 CF A02.
Laura Lee Barrow of Laura Lee Barrow, P.A., West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Robert R. Wheeler, Assistant Attorney General, West Palm Beach, for appellee.
Appellant, Christopher Scruggs, appeals his conviction and sentence for second degree murder following a non-jury trial. He first claims that the evidence supported no more than a manslaughter conviction. The trial court, sitting as the trier of fact, made findings which were based on significantly conflicting evidence, and thus, we are precluded from re-weighing the evidence. As there was substantial competent evidence to support the judgment of conviction, we affirm. See Crockham v. State, 723 So.2d 355, 356 (Fla 4th DCA 1998). We also affirm as to all other issues raised.
AFFIRMED.
WARNER, SHAHOOD, JJ., and CHAVIES, MICHAEL B., Associate Judge, concur.