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478 So. 2d 79

478 So.2d 79

10 Fla.L.Weekly 2400

Del Rio v. State

District Court of Appeal of Florida

Decided October 22, 1985

District Court of Appeal of Florida · decided 1985-10-22

Cited by 2 later decisions — most recently January 2019

2 state decisions

Relies on Tibbs v. Florida · Heiney v. Florida · 397 So. 2d 1120 - Tibbs v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-10-22

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PER CURIAM.

¶1Daisy Del Rio challenges the sufficiency of the evidence resulting in her conviction for a battery committed during the course of an armed burglary. She was acquitted of the remaining charges. A jury verdict based on substantial, competent evidence will not be reversed. Toole v. State, 472 So.2d 1174, 1176 (Fla.1985); Heiney v. State, 447 So.2d 210, 212 (Fla.), cert. denied, — U.S. -, 105 S.Ct. 303, 83 L.Ed.2d 237 (1984); Tibbs v. State, 397 So.2d 1120, 1123 (Fla.1981), aff'd, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982). It is the function of the jury, not of the court, to weigh the evidence and to assess the credibility of the witnesses. Rodriguez v. State, 436 So.2d 219, 220 (Fla. 3d DCA 1983), review denied, 447 So.2d 888 (Fla.1984); Miller v. State, 328 So.2d 544, 545 (Fla. 3d DCA 1976). Finding that substantial, competent evidence supports the verdict, we affirm the conviction and sentence. Appellant’s remaining points lack merit.

¶2Affirmed.

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