G.D. v. State
G.D. v. State
828 So. 2d 1075; 2002 Fla. App. LEXIS 15504; 2002 WL 31374773
(Southern Reporter, Second Series)
G.D. v. State
Opinion of the Court
In finding appellant, a juvenile, guilty of the delinquent act, the trial court stated, “[bjased on the totality of the circumstances and the credibility of the testimony, I find the defendant guilty as charged.” (Emphasis added). Appellant argues that the court failed to use the proper burden of proof of “beyond a reasonable doubt.” However, “totality of the circumstances” is not a burden of proof, and the judge’s use of that phrase does not demonstrate that he used a lesser standard, but merely considered all of the evidence and circumstances. See, e.g., Sokol v. State, 217 So.2d 843, 844 (Fla. 3d DCA 1969).
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.