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rimbscums
rimbscumsDate: Friday, 2013-03-01, 11:22 PM | Message # 1
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"A judgment of conviction comes to this Court with a presumption of correctness and a defendant's claim of insufficiency of the evidence cannot prevail where there is substantial and competent evidence to support the verdict and judgment." Terry v. State, 668 So. 2d 954, 964 (Fla. 1996). The fact that the evidence is contradictory does not warrant a judgment of acquittal since the weight of the evidence and the witnesses' credibility are questions solely for the jury. Davis v. State, 425 So. 2d 654, 655 (Fla. 5th DCA 1983); see generally Lynch v. State, 293 So. 2d 44, 45 (Fla. 1974) (holding that where reasonable minds may differ as to proof of ultimate fact, courts should submit case to jury). It is not this Court's function to retry a case or reweigh conflicting evidence submitted to the trier of fact. Tibbs v. State, 397 So. 2d 1120, 1123 (Fla. 1981), affirmed, 457 U.S. 31, 102 S. Ct. 2211, 72 L. Ed. 2d 652 (1982).Donaldson v. State, 722 So. 2d 177, 182 (Fla. 1998). 380 Occupational Therapy For Lateral Epicondylitis http://LORENBONNER.COM Best Tennis Elbow Cure How Long 245
 
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