Humphries v. State

District Court of Appeal of Florida

Humphries v. State

320 So. 2d 843, 1975 Fla. App. LEXIS 15478

CourtDistrict Court of Appeal of Florida

DecidedOctober 24, 1975

DocketNo. 74-1235

StatusPublished

Cited by1 cases

This text of 320 So. 2d 843 (Humphries 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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Humphries v. State, 320 So. 2d 843, 1975 Fla. App. LEXIS 15478 (Fla. Ct. App. 1975).

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Opinion

DOWNEY, Judge.

In an opinion filed August 22, 1975, we reversed the judgment of conviction and sentence entered by the trial court for failure to instruct the jury that to be guilty of the felony charged in the information (possession of a stolen motor vehicle in violation of § 814.03(2), F.S.1973), the defendant must have intended to permanently deprive the owner of the vehicle. We now perceive that to be an incorrect statement of the law, making it necessary for the mandate to be recalled and set aside; the opinion of this court published August 22, 1975 be vacated, and a rehearing be granted by this court of its own motion. Jerry v. State, Fla.App.1965, 174 So.2d 772.

Upon further consideration it is our opinion that the judgment and sentence appealed from are proper and that no error has been demonstrated.

Accordingly, the mandate issued September 11, 1975 is recalled and the mandate and the opinion filed August 22, 1975 are vacated, and the judgment and sentence appealed from are affirmed.

WALDEN, C. J., and MAGER, J., concur.

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DOWNEY, Judge.

In an opinion filed August 22, 1975, we reversed the judgment of conviction and sentence entered by the trial court for failure to instruct the jury that to be guilty of the felony charged in the information (possession of a stolen motor vehicle in violation of § 814.03(2), F.S.1973), the defendant must have intended to permanently deprive the owner of the vehicle. We now perceive that to be an incorrect statement of the law, making it necessary for the mandate to be recalled and set aside; the opinion of this court published August 22, 1975 be vacated, and a rehearing be granted by this court of its own motion. Jerry v. State, Fla.App.1965, 174 So.2d 772.

Upon further consideration it is our opinion that the judgment and sentence appealed from are proper and that no error has been demonstrated.

Accordingly, the mandate issued September 11, 1975 is recalled and the mandate and the opinion filed August 22, 1975 are vacated, and the judgment and sentence appealed from are affirmed.

WALDEN, C. J., and MAGER, J., concur.

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320 So. 2d 843, 1975 Fla. App. LEXIS 15478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/humphries-v-state-fladistctapp-1975.

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