Mackey v. State

District Court of Appeal of Florida

Mackey v. State

249 So. 2d 775, 1971 Fla. App. LEXIS 6458

CourtDistrict Court of Appeal of Florida

DecidedJune 22, 1971

DocketNo. 70-1176

StatusPublished

This text of 249 So. 2d 775 (Mackey 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

Mackey v. State, 249 So. 2d 775, 1971 Fla. App. LEXIS 6458 (Fla. Ct. App. 1971).

Pincite

Opinion

PER CURIAM.

This is the second appearance of this defendant upon conviction of this charge of robbery. See Mackey v. State, Fla.App. 1970, 234 So.2d 418.

Upon remand, appellant waived trial by jury and was tried before the court without jury. He was found guilty, adjudicated and sentenced to twenty-five years in the state prison. On this appeal he questions the sufficiency of the evidence to sustain the finding of guilt. We hold that the evidence is sufficient, see Prather v. State, Fla.App. 1966, 182 So.2d 273; compare People v. Lincoln, 89 Cal.App.2d 795, 201 P.2d 846 (1949).

Appellant’s second point urges error upon the ruling of the trial court which excluded testimony taken in another case. The ruling of the trial court is correct under the test set forth in Blackwell v. State, 79 Fla. 709, 86 So. 224 (1920).

Affirmed.

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