From Casetext: Smarter Legal Research

Simmons v. State

District Court of Appeal of Florida, First District
Jul 16, 1970
237 So. 2d 589 (Fla. Dist. Ct. App. 1970)

Opinion

No. N-88.

July 16, 1970.

Appeal from the Court of Record for Escambia County, Kirke M. Beall, J.

Richard W. Ervin, III, Public Defender, and Brian T. Hayes, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and J. Christian Meffert, Asst. Atty. Gen., for appellee.


Appellant has appealed a judgment of conviction and sentence based upon a jury verdict finding him guilty of robbery. His primary contention is that the evidence is insufficient to sustain the verdict of guilt and the judgment should be reversed.

We have carefully reviewed the evidence adduced at the trial and find from the testimony of the victim that she positively identified appellant as the man who robbed her on the night in question. This, together with proof of other circumstances surrounding the robbery, is sufficient to sustain the jury's verdict. The judgment appealed is accordingly affirmed.

Spataro v. State (Fla.App. 1965) 179 So.2d 873; Parrish v. State (Fla.App. 1957) 97 So.2d 356.

CARROLL, DONALD K., Acting C.J., and WIGGINTON and RAWLS, JJ., concur.


Summaries of

Simmons v. State

District Court of Appeal of Florida, First District
Jul 16, 1970
237 So. 2d 589 (Fla. Dist. Ct. App. 1970)
Case details for

Simmons v. State

Case Details

Full title:JIMMY R. SIMMONS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jul 16, 1970

Citations

237 So. 2d 589 (Fla. Dist. Ct. App. 1970)

Citing Cases

Simmons v. State

October 7, 1970. Certiorari denied. 237 So.2d 589. ERVIN, C.J., and THORNAL, CARLTON, ADKINS and BOYD, JJ.,…