IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

ALEXIS GRIFFIN

          Appellant,

v.                                          Appeal No. CRC 99-4055

STATE OF FLORIDA

         Appellee.

______________________/

Opinion filed _______________.

Appeal from a decision of the

Pinellas County Court

County Judge Fullerton

Scott Boardman, Esq.

Attorney for appellant

Todd Miller, Esq.

Assistant State Attorney

ORDER AND OPINION

       THIS MATTER is before the Court on the defendant’s appeal of a judgment and sentence entered by the Pinellas County Court. After reviewing the briefs and record, this Court affirms the judgment and sentence.

        The defendant claims that the trial court should have granted her motion for Judgment of Acquital (“JOA”) and that there was insufficient evidence to convict her. This Court disagrees. 

       A JOA should not be granted unless there is no view of the evidence that would support conviction. Gudinas v. State, 693 So.2d 953 (Fla. 1997). Moreover, in ruling on a motion for JOA the trial court must view the evidence in the light most favorable to the State. State v. Rivera, 719 So.2d 335 (Fla. 5th DCA 1998). As for the sufficiency of the evidence, if there is competent substantial evidence to support the verdict then the appellate court cannot reverse the verdict. See White v. State, 446 So.2d 1031 (Fla. 1984).

     In light of the previously described standards of review, there was sufficient evidence presented in Deputy Manning’s testimony. Although defense counsel did raise matters that put the Deputy’s testimony and recollection of the incident in question, the Deputy’s credibility was a matter to be determined by the trier of fact. It is for  the trial court, not the appellate court, to pass upon the credibility of witnesses. California Club Realty v. Lucca, 517 So.2d 72 (Fla. 3d DCA 1991).

         IT IS THEREFORE ORDERED that the judgment and sentence are affirmed.

        DONE AND ORDERED in Chambers at St.Petersburg, Pinellas County, Florida this _____ day of January, 2000.

 

___________________________
David A. Demers

Circuit Judge, Appellate Division

 

cc:   State Attorney

        Scott Boardman, Esq.

        Judge Fullerton