Broner v. State

District Court of Appeal of Florida

Broner v. State

559 So. 2d 745, 1990 Fla. App. LEXIS 2734, 1990 WL 48581

CourtDistrict Court of Appeal of Florida

DecidedApril 20, 1990

DocketNo. 87-01738

StatusPublished

Cited by2 cases

This text of 559 So. 2d 745 (Broner v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Broner v. State, 559 So. 2d 745, 1990 Fla. App. LEXIS 2734, 1990 WL 48581 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

Paul Broner appeals his conviction for grand theft.¹ We reverse.

[746]*746Broner, a nephew of the alleged victim, obtained access to her home by asking to use the telephone. The aunt thereafter went upstairs for approximately ten minutes. When she returned Broner was gone, the rear door of the residence was unlocked, and a videocassette recorder was missing. A witness saw Broner leave the residence through the rear door, but with nothing in his hands. The VCR was never recovered.

We find that these undisputed facts are, as a matter of law, insufficient to establish that Broner committed the theft. Cf. Jenkins v. State, 342 So.2d 1097 (Fla. 1st DCA 1977). Accordingly the trial court erred in denying Broner’s motion to dismiss.²

Reversed and remanded with directions to discharge the appellant.

RYDER, A.C.J., and DANAHY and PARKER, JJ., concur.

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PER CURIAM.

Paul Broner appeals his conviction for grand theft.¹ We reverse.

[746]*746Broner, a nephew of the alleged victim, obtained access to her home by asking to use the telephone. The aunt thereafter went upstairs for approximately ten minutes. When she returned Broner was gone, the rear door of the residence was unlocked, and a videocassette recorder was missing. A witness saw Broner leave the residence through the rear door, but with nothing in his hands. The VCR was never recovered.

We find that these undisputed facts are, as a matter of law, insufficient to establish that Broner committed the theft. Cf. Jenkins v. State, 342 So.2d 1097 (Fla. 1st DCA 1977). Accordingly the trial court erred in denying Broner’s motion to dismiss.²

Reversed and remanded with directions to discharge the appellant.

RYDER, A.C.J., and DANAHY and PARKER, JJ., concur.

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559 So. 2d 745, 1990 Fla. App. LEXIS 2734, 1990 WL 48581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broner-v-state-fladistctapp-1990.

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