216 So. 2d 766

Elmer Courtney DAVIS, Appellant, v. The STATE of Florida, Appellee.

No. 68-419.

District Court of Appeal of Florida. Third District.

Dec. 10, 1968.

Rehearing Denied Jan. 17, 1969.

Robert L. Koeppel, Public Defender, and Robert L. Parks, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Melvin Grossman, Asst. Atty. Gen., for appellee.

Before CHARLES CARROLL, C. J., and PEARSON and BARKDULL, JJ.

PER CURIAM.

Appellant seeks review of his conviction and sentence to ten years in the State penitentiary, entered by the trial court pursuant to a non-jury trial finding the appellant guilty of robbery in violation of ยง 813.011, Fla.Stat., F.S.A.

The only point preserved for review on this appeal is the sufficiency of the evidence to support the conviction. Examining the record in light of this principle, we find direct testimony that the appellant struggled with the victim, removed his wallet from his back pocket, and was positively identified. Therefore, we do not disturb the judgment of conviction here under review, upon the authority of Sharon v. State, Fla.App.1963, 156 So.2d 677; Crum v. State, Fla.App.1965, 172 So.2d 24; Williams v. State, Fla.App.1966, 187 So.2d 913.

Affirmed.

Davis v. State
216 So. 2d 766

Case Details

Name
Davis v. State
Decision Date
Dec 10, 1968
Citations

216 So. 2d 766

Jurisdiction
Florida

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