Opinion
No. 64-244.
December 1, 1964.
Appeal from the Criminal Court of Record for Dade County, Jack M. Turner, J.
J. Victor Africano, Hallandale, for appellant.
James W. Kynes, Jr., Atty. Gen., and Victor V. Andreevsky, Asst. Atty. Gen., for appellee.
Before HORTON, TILLMAN PEARSON and HENDRY, JJ.
The appellant was tried and found guilty by a jury of the crime of robbery. He was adjudged guilty and sentenced to the State Prison for ten years, whereupon, this appeal was taken. The only point presented by the appellant questions the sufficiency of the evidence as to his identification.
The test to be applied has been fully set forth in McNeil v. State, 104 Fla. 360, 139 So. 791, 792:
"* * * this court will as a rule not reverse a judgment based upon a verdict returned by the jury and approved by the trial judge, when there is substantial evidence to support the verdict rendered * * *."
The record before us reveals a positive identification by a witness for the State of the appellant as one of the participants in the crime. The evidence is competent and substantial.
Affirmed.