Bozeman v. State

371 So. 2d 84, 1979 Fla. LEXIS 4657
CourtSupreme Court of Florida
DecidedMay 3, 1979
DocketNos. 53569, 53570
StatusPublished

This text of 371 So. 2d 84 (Bozeman v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bozeman v. State, 371 So. 2d 84, 1979 Fla. LEXIS 4657 (Fla. 1979).

Opinion

PER CURIAM.

The order of the trial court denying the motion to dismiss is affirmed. See State v. Allen, 362 So.2d 10 (Fla. 1978); State v. Belgrave, 364 So.2d 1225 (Fla. 1978). In so ruling, however, the trial judge erroneously concluded that the theft statute does not require proof of scienter for a conviction and thus precluded appellants from offering evidence tending to negate any guilty knowledge on their part. Accordingly, this ease is remanded to the trial court so that appellants may be provided an opportunity to withdraw their no contest pleas and proceed in a manner consistent with this opinion.

It is so ordered.

ENGLAND, C. J., and ADKINS, BOYD, OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Belgrave
364 So. 2d 1225 (Supreme Court of Florida, 1978)
State v. Allen
362 So. 2d 10 (Supreme Court of Florida, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
371 So. 2d 84, 1979 Fla. LEXIS 4657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bozeman-v-state-fla-1979.