Tonya Oliver v. the State of Florida

• Court: District Court of Appeal of Florida
• Decided: July 23, 2025
• Docket: 3D2024-1532
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed June 23, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-1532 Lower Tribunal No. B24-5507 ________________

Tonya Oliver, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the County Court for Miami-Dade County, Marcus Bach Armas, Judge.

Carlos J. Martinez, Public Defender, and Amy Weber, Assistant Public Defender, for appellant.

James Uthmeier, Attorney General, and Camilo Montoya, Assistant Attorney General, for appellee.

Before EMAS, MILLER and BOKOR, JJ.

PER CURIAM. Affirmed. See Garcia v. State, 373 So. 3d 1213, 1223 (Fla. 3d DCA

2023) (“In moving for a judgment of acquittal, the defendant ‘admits not only

the facts stated in the evidence adduced, but also admits every conclusion

favorable to the [State] that a jury might fairly and reasonably infer . . . . The

[trial court] should not grant a motion for judgment of acquittal unless the

evidence is such that no view which the jury may lawfully take of it favorable

to the [State] can be sustained under the law.’” (quoting Lynch v. State, 293

So. 2d 44, 45 (Fla. 1974))); Gilbert v. State, 347 So. 2d 1087, 1088 (Fla. 3d

DCA 1977) (“[W]here the circumstances were such as to ordinarily induce

fear in the mind of a reasonable man, then the victim may be found to be in

fear, and actual fear need not be strictly and precisely shown.”); H.R. v.

State, 298 So. 3d 1217, 1224 (Fla. 3d DCA 2020) (“[T]he fundamental error

exception does not permit appellate review of unpreserved error in the

State’s evidentiary failure to prove the crime/delinquent act unless the

evidence failed to establish the commission of any crime/delinquent act

whatsoever.”).