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608 So. 2d 837

Sym v. State

District Court of Appeal of Florida

Decided September 22, 1992

District Court of Appeal of Florida · decided 1992-09-22

Relies on Griffin v. State · 446 So. 2d 1031 - White v. State · 436 So. 2d 219 - Rodriguez v. State

Decided 1992-09-22

PER CURIAM.

¶1Defendant 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).

¶2Affirmed.

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