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Tillman v. State

District Court of Appeal of Florida, Third District
Oct 19, 1994
643 So. 2d 1190 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-1855.

October 19, 1994.

Appeal from the Circuit Court, Dade County, Arthur Maginnis, J.

Arthur P. Cohen, for appellant.

Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellee.

Before BASKIN, JORGENSON and GERSTEN, JJ.


Jessie Tillman appeals a judgment of convictions. We affirm. The record reveals testimony from which the trial court could properly conclude that the police obtained voluntary consent before conducting the search of defendant's home. Denehy v. State, 400 So.2d 1216 (Fla. 1980). Although that evidence conflicted with testimony presented by defendant, it was the duty of the factfinder to resolve that conflict. Tibbs v. State, 397 So.2d 1120 (Fla. 1981), aff'd, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982); Perez v. State, 536 So.2d 359 (Fla. 3d DCA 1988). In addition, the trial court did not err in refusing to give defendant's requested instructions concerning testimony of witnesses who have plead guilty and witnesses who are co-conspirators. The trial court gave Florida Standard Jury Instructions (Crim.) 14-15, 17. Those instructions direct the jury to consider whether each witness had been convicted of a crime or received favorable treatment in exchange for his testimony in determining the testimony's reliability, and to use great caution in relying on an accomplice's testimony against defendant. The standard jury instructions adequately cover the issues addressed in the requested instructions. See Davis v. State, 520 So.2d 572 (Fla. 1988); McGuire v. State, 639 So.2d 1043 (Fla. 5th DCA 1994); Williams v. State, 591 So.2d 319 (Fla. 3d DCA 1991). Accordingly, we affirm the judgment under review.

Affirmed.


Summaries of

Tillman v. State

District Court of Appeal of Florida, Third District
Oct 19, 1994
643 So. 2d 1190 (Fla. Dist. Ct. App. 1994)
Case details for

Tillman v. State

Case Details

Full title:JESSIE TILLMAN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 19, 1994

Citations

643 So. 2d 1190 (Fla. Dist. Ct. App. 1994)

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