Opinion
No. 3D99-3250.
Opinion filed March 7, 2001.
An appeal from the Circuit Court for Dade County, Victoria Platzer, Judge. Lower Tribunal No. 98-14683.
Affirmed.
Jose R. Iglesia, for appellant.
Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and COPE and RAMIREZ, JJ.
Troy Poller appeals his convictions for sexual battery with a deadly weapon or force, armed kidnapping, armed robbery, and armed carjacking. He characterizes the case against him as having depended entirely on the testimony of a previously convicted codefendant, Allems Victor. See Victor v. State, 774 So.2d 722 (Fla. 3d DCA 2000). Even if that were true (which it is not), "[w]hile the testimony of an accomplice should be closely scrutinized and received with great caution, it is competent and may be sufficient to convict an accused. The credibility of a witness lies exclusively within the province of the jury." Darby v. State, 216 So.2d 29, 30 (Fla. 3d DCA 1968).
In reality, the defendant also admitted to a friend that he had committed the crime, and the friend testified at trial. One of the victims made an equivocal identification of the defendant from a lineup, and the defendant's physical description fit the description given by both victims.
The evidence was legally sufficient. See Lynch v. State, 293 So.2d 44, 45 (Fla. 1974).
Affirmed.