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428 So. 2d 321

Docket No. AL-71.

Walker v. State

Jerry WALKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1983-03-17

Relies on 351 So. 2d 972 - McArthur v. State · Scott v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1983-03-17

How this case has been cited

Cited by 6 later decisions — most recently August 2005

6 state decisions

30198319902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Michael Allen, Public Defender, Terry P. Lewis, Sp. Asst. Public Defender, for appellant.

¶2Jim Smith, Atty. Gen., Barbara Ann Butler, Asst. Atty. Gen., for appellee.

¶3MILLS, Judge.

¶4Walker appeals judgments of guilty for burglary and grand theft. We affirm.

¶5There is ample evidence to support the jury's verdict. Walker's palm print was found on the window sill of the burglarized dwelling. He was seen fleeing the apartment where stolen goods were recovered. Other stolen property was recovered from his father. Walker's version of the events was contradicted as to the time of the offense. A jury could reasonably disbelieve Walker. No error was made in denying motions for a judgment of acquittal. McArthur v. State,351 So.2d 972, 976 n. 13 (Fla. 1977).

¶6The standard jury instruction on burglary does not call for conviction of a defendant who is merely present at the scene of the crime. Walker's proposed instruction added nothing to the standard instructions and its denial was not error.

¶7When a suggestion of incompetence to stand trial was made at the close of the State's case, the trial court's duty was to determine whether reasonable grounds to interrupt the trial for an examination were present. Scott v. State,420 So.2d 595 (Fla. 1982). The record supports the conclusion that such grounds were not present.

¶8AFFIRMED.

¶9ERVIN and THOMPSON, JJ., concur.

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