JUDIAS BUENOANO, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
ADKINS, Justice (Ret.).
We granted review of Buenoano v. State, 478 So. 2d 387 (Fla. 1st DCA 1985), on the basis of apparent conflict with such opinions as Heiney v. State, 447 So. 2d 210 (Fla.), cert, denied, 469 U.S. 920, 105 S.Ct. 303, 83 L.Ed.2d 237 (1984); and McArthur v. State, 351 So. 2d 972 (Fla.1977), setting forth the standard of review for the sufficiency of the evidence in criminal cases in which convictions are based upon circumstantial evidence. Upon closer examination of Buenoano, however, we have determined that the district court decision is fully in accord with this line of precedent. Finding no direct and express conflict with any Florida appellate opinion, we note that jurisdiction has been improvidently granted and dismiss the instant petition for review.
It is so ordered.
McDonald, C.J., and OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur.
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Cochran v. State, 547 So. 2d 928 (Fla. 1989)…ch the state has produced conflicting evidence, and the state, as appellee, is entitled to a view of any conflicting evidence in the light most favorable to the jury’s verdict. Buenoano v. State, 478 So. 2d 387 (Fla. 1st DCA 1985), review dismissed, 504 So. 2d 762 (Fla.1987). With these principles in mind, we find the evidence sufficient to support a verdict of premeditated murder. Cochran claimed that the shooting was accidental, that he “let [the victim] out of the car” after he panicked, and later attempt…
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Menendez v. State, 521 So. 2d 210 (Fla. 1st DCA 1988)…l evidence alone is relied upon to convict a defendant, the question of whether the evidence fails to exclude all reasonable hypotheses of innocence is for the jury to determine. Buenoano v. State, 478 So. 2d 387 (Fla. 1st DCA 1985), rev. dismissed, 504 So. 2d 762 (Fla.1987). In the instant case competent, substantial evidence. supports the trial court's finding that appellant carried or used a firearm in the course of trafficking in cocaine. See Broughton v. State, 12 FLW 2137 (Fla. 1st DCA Sept. 3, 1987); S…
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Williams v. State, 531 So. 2d 212 (Fla. 1st DCA 1988)…at determination will not be disturbed by the courts.” Id.; Heiney v. State, 447 So. 2d 210, 212 (Fla.), cert. denied, 469 U.S. 920, 105 S.Ct. 303, 83 L.Ed. 2d 237 (1984); Buenoano v. State, 478 So. 2d 387, 390 (Fla. 1st DCA 1985), review dismissed, 504 So. 2d 762 (Fla.1987). In Heiney, on the basis of a fact scenario similar to that in the instant case, the supreme court found sufficient evidence of premeditation to support a conviction for premeditated murder. The court found that at least seven blows had…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nadean O. McARTHUR v. State, 351 So. 2d 972 (Fla. 1977)
- Heiney v. State, 447 So. 2d 210 (Fla. 1984)
- Garrison v. Hudson, 469 U.S. 920 (U.S. 1984)
- Perry v. Lockhart, 469 U.S. 920 (U.S. 1984)
- The Greater Sunnyside Area Prop. Owners Ass'n, Inc. v. The City OF Leesburg, 478 So. 2d 387 (Fla. 5th DCA 1985)