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Starling v. State

Starling v. State, 263 So. 2d 645 (Fla. Dist. Ct. App. 1972)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
June 13, 1972
Docket
No. 71-1149
Judges
Charles Carroll, Hendry and Haverfield
Citations
263 So. 2d 645
Cited by 18

Opinion

263 So.2d 645 (1972)

Woodrow Albert STARLING, Appellant,

v.

The STATE of Florida, Appellee.

No. 71-1149.

District Court of Appeal of Florida, Third District.

June 13, 1972. Rehearing Denied July 19, 1972.

*646 McCrary, Ferguson & Lee, and Harold Long, Jr., Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Miami, for appellee.

Before CHARLES CARROLL, HENDRY and HAVERFIELD, JJ.

PER CURIAM.

Defendant was found guilty by the trial court of assault with intent to commit a felony, first degree murder, for which he received a ten year sentence.

On this appeal two points are presented by appellant. The first challenges the trial court's denial of defendant's motion for judgment of acquittal. The point is not well taken under the rule stated in Shifrin v. State, Fla.App. 1968, 210 So.2d 18 . The second point is likewise unavailing because it is within the trial court's province as the trier of fact to resolve conflicts in the evidence presented. Hoover v. State, Fla.App. 1968, 212 So.2d 95 ; Eizenman v. State, Fla.App. 1961, 132 So.2d 763 . At this stage of the proceedings, all conflicts and reasonable inferences therefrom are resolved in support of the judgment of conviction. Shuler v. State, Fla.App. 1968, 213 So.2d 312 ; Walden v. State, Fla.App. 1966, 191 So.2d 68 . And, finding substantial competent evidence to support the trial judge's finding of guilt, we are required to affirm. Tafero v. State, Fla.App. 1969, 223 So.2d 564 ; Williams v. State, Fla.App. 1966, 187 So.2d 913 .

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 18 cases

View all citing references →
1972: 11973: 31974: 21975: 11976: 31978: 31980: 21982: 11990: 219722026peak 1973 · 3

Relies on it most ⓘ

  1. Brown v. State294 So. 2d 128 (Fla. Dist. Ct. App. 1974)
  2. E. Y. v. State390 So. 2d 776 (Fla. Dist. Ct. App. 1980)
  3. Dawson v. State338 So. 2d 242 (Fla. Dist. Ct. App. 1976)
  4. H. D. v. State348 So. 2d 1159 (Fla. Dist. Ct. App. 1976)
  5. Way v. State418 So. 2d 1227 (Fla. Dist. Ct. App. 1982)
  6. Chayter v. State277 So. 2d 576 (Fla. Dist. Ct. App. 1973)

Most recent

  1. P.H. v. State561 So. 2d 687 (Fla. Dist. Ct. App. 1990)
  2. S.M. v. State555 So. 2d 934 (Fla. Dist. Ct. App. 1990)
  3. Way v. State418 So. 2d 1227 (Fla. Dist. Ct. App. 1982)
  4. EY v. State390 So. 2d 776 (Fla. Dist. Ct. App. 1980)
  5. E. Y. v. State390 So. 2d 776 (Fla. Dist. Ct. App. 1980)
  6. Hinkle v. State355 So. 2d 465 (Fla. Dist. Ct. App. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 7

DepthCaseCited by
Eizenman v. State, 132 So. 2d 763 (Fla. Dist. Ct. App. 1961) 29
Hoover v. State, 212 So. 2d 95 (Fla. Dist. Ct. App. 1968) 21
Tafero v. State, 223 So. 2d 564 (Fla. Dist. Ct. App. 1969) 19
Shifrin v. State, 210 So. 2d 18 (Fla. Dist. Ct. App. 1968) 19
Walden v. State, 191 So. 2d 68 (Fla. Dist. Ct. App. 1966) 15
Williams v. State, 187 So. 2d 913 (Fla. Dist. Ct. App. 1966) 14
Shuler v. State, 213 So. 2d 312 (Fla. Dist. Ct. App. 1968) 4

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