Opinion
No. 5D05-4444.
September 28, 2007.
Appeal from the Circuit Court for Volusia County, R. Michael Hutcheson, Judge.
James S. Purdy, Public Defender, and Dee Ball, Assistant Public Defender, Daytona Beach, for Appellant.
Bill McCollum, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.
AFFIRMED. See Thomas v. State, 748 So.2d 970, 983 (Fla. 1999) ("A motion for a jury view may be granted if it appears that a useful purpose would be served. However, such a determination is left to the discretion of the trial judge and there is a presumption of correctness as to his rulings absent a demonstration to the contrary."); Rosen v. State, 940 So.2d 1155, 1159 (Fla. 5th DCA 2006) ("If, after viewing the evidence in the light most favorable to the State, a rational trier of fact could find the existence of the elements of the crime beyond a reasonable doubt, then there is sufficient evidence to sustain a conviction."); Miller v. State, 782 So.2d 426, 430 (Fla. 2d DCA 2001) (holding question of proximate cause was for jury to decide).
GRIFFIN, THOMPSON and MONACO, JJ., concur.