Stephen Duxbury Wife

Full title: STEPHEN DUXBURY, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Feb 22, 2019

Facts

‘ On October 17, 2015, a woman intoxicated and intoxicated was trying to return to her condo in downtown Orlando. She shared an Uber ride with two other young women, “Good Samaritans,” who were concerned about her well-being. The Good Samaritans tried to enter her building without her key fob, key, identification, or iPhone. A security guard, Duxbury, approached the Good Samaritans and explained the situation. Duxbury followed the victim for 30 to 40 minutes, following her on various floors and locations. The victim tried to enter her apartment using a digital lock but couldn’t recall the code. Duxbury left her alone and never returned. The victim’s friends called the police, who found her dead in her bed. The victim had a bleach smell and signs of bleaching, suggesting someone attempted to clean her body. Her shirt and bra were ripped open, and her pants and underwear were forcefully removed. The medical examiner found blunt trauma to the head, contusions, and abrasions consistent with forceful restraining. The cause of death was asphyxiation due to manual strangulation, and the death was ruled a homicide.

Issue

Decision

We find that the motion for judgment of acquittal was properly denied, as there was competent, substantial evidence to support a jury’s verdict that a sexual battery with physical force had been attempted and that Duxbury was the perpetrator of that crime. “The [defendant’s] conviction is supported by sufficient evidence where a rational trier of fact could find the existence of the elements of the crime beyond a reasonable doubt after viewing the evidence in the light most favorable to the State.” Knight v. State , 186 So.3d 1005, 1010–12 (Fla. 2016).

For the reasons set forth above, we affirm.

AFFIRMED.

Related Post

Leave a Reply

Your email address will not be published. Required fields are marked *

2 × four =