Sym v. State

District Court of Appeal of Florida

Sym v. State

608 So. 2d 837, 1992 Fla. App. LEXIS 10018, 1992 WL 235277

CourtDistrict Court of Appeal of Florida

DecidedSeptember 22, 1992

DocketNo. 91-2413

StatusPublished

This text of 608 So. 2d 837 (Sym 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

Sym v. State, 608 So. 2d 837, 1992 Fla. App. LEXIS 10018, 1992 WL 235277 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

Defendant appeals from a judgment of conviction and sentence following a jury trial. The record supports the jury’s finding that the defendant mailed what appeared to police to be a “hoax bomb.” See § 790.165, Fla.Stat. (1991). Accordingly, we affirm. White v. State, 446 So.2d 1031 (Fla.1984) (judgment rendered in accordance with jury verdict supported by substantial competent evidence will not be reversed). A reasonable juror could surmise that the package containing a warning letter and a gun loaded with a shotgun shell in its chamber was intended to appear to be a weapon. In Interest of T. C., 573 So.2d 121 (Fla. 4th DCA 1991). We are precluded from finding any differently. Rodriguez v. State, 436 So.2d 219 (Fla. 3d DCA 1983) (court precluded by law from reweighing evidence on appeal and substituting its judgment for that of trier of fact), rev. denied, 447 So.2d 888 (Fla.1984).

Affirmed.

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PER CURIAM.

Defendant appeals from a judgment of conviction and sentence following a jury trial. The record supports the jury’s finding that the defendant mailed what appeared to police to be a “hoax bomb.” See § 790.165, Fla.Stat. (1991). Accordingly, we affirm. White v. State, 446 So.2d 1031 (Fla.1984) (judgment rendered in accordance with jury verdict supported by substantial competent evidence will not be reversed). A reasonable juror could surmise that the package containing a warning letter and a gun loaded with a shotgun shell in its chamber was intended to appear to be a weapon. In Interest of T. C., 573 So.2d 121 (Fla. 4th DCA 1991). We are precluded from finding any differently. Rodriguez v. State, 436 So.2d 219 (Fla. 3d DCA 1983) (court precluded by law from reweighing evidence on appeal and substituting its judgment for that of trier of fact), rev. denied, 447 So.2d 888 (Fla.1984).

Affirmed.

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608 So. 2d 837, 1992 Fla. App. LEXIS 10018, 1992 WL 235277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sym-v-state-fladistctapp-1992.

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