JAMES STHUBIN,
v.
THE STATE OF FLORIDA,
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The existence of contradictory or conflicting testimony does not warrant a judgment of acquittal because the weight of evidence and credibility of witnesses are questions solely for the jury.
[1] Conflicting or contradictory testimony at trial does not warrant judgment of acquittal on appeal, as the weight of evidence and credibility of witnesses are questions exc…
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Join FLexlaw to unlock all legal intelligence“The existence of contradictory, conflicting testimony or evidence 'does not warrant a judgment of acquittal because the weight of the evidence and the witnesses' credibility are questions solely for the jury.'”
Court's statement of applicable law regarding treatment of conflicting testimony on appeal
James Sthubin appealed his conviction from Miami-Dade County Circuit Court. The record contained contradictory or conflicting testimony regarding the …
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Third District Court of Appeal State of Florida
Opinion filed October 25, 2023. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-0093 Lower Tribunal No. F19-17802 ________________
James Sthubin, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Cristina M. Miranda, Judge.
Jarlens B. Princilis, for appellant.
Ashley Moody, Attorney General, and Sandra Lipman, Senior Assistant Attorney General, for appellee.
Before LOGUE, C.J., and SCALES and GORDO, JJ.
PER CURIAM.
Affirmed. State v. Shearod, 992 So. 2d 900, 903 (Fla. 2d DCA 2008) (“The existence of contradictory, conflicting testimony or evidence ‘does not
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fitzpatrick v. State, 900 So. 2d 495 (Fla. 2005)
- State v. Damion J. Shearod, 992 So. 2d 900 (Fla. 2d DCA 2008)