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Cunningham v. State

District Court of Appeal of Florida, Fourth District
Jun 18, 1976
337 So. 2d 993 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-1122.

June 18, 1976.

Appeal from the Circuit Court, Brevard County, Joe A. Cowart, Jr., J.

Jesse J. McCrary, Jr., of McCrary, Berkowitz Davis, Miami, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Paul H. Zacks, Asst. Atty. Gen., West Palm Beach, for appellee.


This appeal brings up for review a judgment of conviction of indirect criminal contempt entered in proceedings filed under RCrP Rule 3.840.

We have examined the briefs and record and heard argument of counsel. The evidence was conflicting. However, there is competent substantial evidence to support the judgment of conviction. In such a situation, we should not substitute our judgment for that of the trial judge, who heard the testimony of and saw the demeanor of the witnesses and the appellant, on a question of fact. 2 Fla.Jur., Appeals, Sections 346 and 347, pages 721-730, and authorities cited.

The other points raised on appeal have been considered and found to be without merit.

Accordingly, the judgment appealed from is affirmed.

CROSS and MAGER, JJ., and SMITH, D.C., Associate Judge, concur.


Summaries of

Cunningham v. State

District Court of Appeal of Florida, Fourth District
Jun 18, 1976
337 So. 2d 993 (Fla. Dist. Ct. App. 1976)
Case details for

Cunningham v. State

Case Details

Full title:F. MALCOLM CUNNINGHAM, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 18, 1976

Citations

337 So. 2d 993 (Fla. Dist. Ct. App. 1976)

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