Florida District Courts of Appeal, 1981

Burke v. State

Burke v. State
Florida District Courts of Appeal · Decided October 13, 1981 · Ferguson, Jorgenson, Schwartz
404 So. 2d 827; 1981 Fla. App. LEXIS 21339 (Southern Reporter, Second Series)

Burke v. State

Opinion of the Court

PER CURIAM.

Under Tibbs v. State, 397 So.2d 1120 (Fla. 1981), we are powerless to accept the appellant’s position that, while the testimony introduced below supports the finding of his guilt, it is so inherently incredible and contrary to the weight of the evidence as to require a new trial “in the interest of justice.”

Affirmed.

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