Legal Opinion

Robinson v. State

District Court of Appeal of Florida

Decided May 13, 1969No. 68-944Published

1Per curiam

Appellant, Charlie J. Robinson, was convicted of the offense of entering without breaking a store building with intent to commit a misdemeanor, to-wit: petit lar-eny. He was sentenced to one year in the Division of Corrections of the State of Florida.

It is appellant’s contention that the trial court erred in finding him guilty because the evidence did not establish his identity beyond a reasonable doubt.

We must reject appellant’s contention. This court does not sit as a second trier of facts. Williams v. Smelt, Fla.1955, 83 So.2d 1. The issue of identity was one of fact to be determined by…

2Cases cited2 opinions

  1. Williams v. SmeltSupreme Court of Florida · 1955
  2. Gibson v. StateDistrict Court of Appeal of Florida · 1968

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