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

CourtDistrict Court of Appeal of Florida

DecidedOctober 22, 1985

DocketNo. 84-2283

StatusPublished

Cited by2 cases

This text of 478 So. 2d 79 (Del Rio v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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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.

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Bluebook (online)

478 So. 2d 79, 10 Fla. L. Weekly 2400, 1985 Fla. App. LEXIS 16451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/del-rio-v-state-fladistctapp-1985.

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