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WAY v. STATE

No. 81-1086.

418 So.2d 1227 (1982)

Clayton WAY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 7, 1982.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calianne P. Lantz, Asst. Atty. Gen., for appellee.

Before NESBITT, FERGUSON and JORGENSON, JJ.

PER CURIAM.

The defendant was convicted of the first-degree murder of Arthur Lee Andrews. The only issue on appeal is whether the evidence was sufficient to establish premeditation. Finding that it was, we affirm.

As we stated in E.Y. v. State, 390 So.2d 776, 778 (Fla. 3d DCA 1980):

In our appellate posture, we must assume that the trier of fact "believed that credible testimony most damaging to the defendant...

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