Del Rio v. State

District Court of Appeal of Florida

Del Rio v. State

478 So. 2d 79, 10 Fla. L. Weekly 2400, 1985 Fla. App. LEXIS 16451

District Court of Appeal of Florida·Decided October 22, 1985·No. No. 84-2283·Published·Cited by 2 cases

Opinion

PER CURIAM.

Daisy Del Rio challenges the sufficiency of the evidence resulting in her conviction for a battery committed during the course of an armed burglary. She was acquitted of the remaining charges. A jury verdict based on substantial, competent evidence will not be reversed. Toole v. State, 472 So.2d 1174, 1176 (Fla.1985); Heiney v. State, 447 So.2d 210, 212 (Fla.), cert. denied, — U.S. -, 105 S.Ct. 303, 83 L.Ed.2d 237 (1984); Tibbs v. State, 397 So.2d 1120, 1123 (Fla.1981), aff'd, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982). It is the function of the jury, not of the court, to weigh the evidence and to assess the credibility of the witnesses. Rodriguez v. State, 436 So.2d 219, 220 (Fla. 3d DCA 1983), review denied, 447 So.2d 888 (Fla.1984); Miller v. State, 328 So.2d 544, 545 (Fla. 3d DCA 1976). Finding that substantial, competent evidence supports the verdict, we affirm the conviction and sentence. Appellant’s remaining points lack merit.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Daisy Del Rio challenges the sufficiency of the evidence resulting in her conviction for a battery committed during the course of an armed burglary. She was acquitted of the remaining charges. A jury verdict based on substantial, competent evidence will not be reversed. Toole v. State, 472 So.2d 1174, 1176 (Fla.1985); Heiney v. State, 447 So.2d 210, 212 (Fla.), cert. denied, — U.S. -, 105 S.Ct. 303, 83 L.Ed.2d 237 (1984); Tibbs v. State, 397 So.2d 1120, 1123 (Fla.1981), aff'd, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982). It is the function of the jury, not of the court, to weigh the evidence and to assess the credibility of the witnesses. Rodriguez v. State, 436 So.2d 219, 220 (Fla. 3d DCA 1983), review denied, 447 So.2d 888 (Fla.1984); Miller v. State, 328 So.2d 544, 545 (Fla. 3d DCA 1976). Finding that substantial, competent evidence supports the verdict, we affirm the conviction and sentence. Appellant’s remaining points lack merit.

Affirmed.

Del Rio v. State, 478 So. 2d 79, 10 Fla. L. Weekly 2400, 1985 Fla. App. LEXIS 16451 (Fla. Ct. App. 1985).

Pincite

478 So. 2d 79 (Del Rio v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related