Jean-Phillipe v. State

District Court of Appeal of Florida

Jean-Phillipe v. State

913 So. 2d 1264, 2005 Fla. App. LEXIS 18006, 2005 WL 3050996

CourtDistrict Court of Appeal of Florida

DecidedNovember 16, 2005

DocketNo. 4D04-1520

StatusPublished

Cited by1 cases

This text of 913 So. 2d 1264 (Jean-Phillipe 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.

Bluebook

Jean-Phillipe v. State, 913 So. 2d 1264, 2005 Fla. App. LEXIS 18006, 2005 WL 3050996 (Fla. Ct. App. 2005).

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Opinion

PER CURIAM.

We affirm appellant’s conviction of dealing in stolen property. There was sufficient evidence that appellant pawned a DVD player which he knew, or should have known, was stolen. . Appellant told a detective that “he knew that it )vas stolen and that he made a mistake.” Appellant’s story was that the DVD player was received by his friend as payment in a drug transaction, and that he knew he was taking a risk in pawning the item. Receiving property as payment for illegal drugs is the type of “unusual manner of acquisition” that tends to show guilty knowledge in a dealing in stolen property case. See Bertone v. State, 870 So.2d 923, 924 (Fla. 4th DCA 2004).

We revei’se appellant’s conviction of giving false verification of ownership to a pawn broker, contrary to section 539.001(8)(b)(8)(a), Florida Statutes (2004). The court’s instruction to the jury failed to indicate that false verification of ownership must be knowingly given in order, for there to be a conviction. See Wiley v. State, 830 So.2d 889 (Fla. 1st DCA 2002).

Affirmed in part, reversed in part, and remanded for a new trial.

STONE, GROSS and HAZOURI, JJ., concur.

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PER CURIAM.

We affirm appellant’s conviction of dealing in stolen property. There was sufficient evidence that appellant pawned a DVD player which he knew, or should have known, was stolen. . Appellant told a detective that “he knew that it )vas stolen and that he made a mistake.” Appellant’s story was that the DVD player was received by his friend as payment in a drug transaction, and that he knew he was taking a risk in pawning the item. Receiving property as payment for illegal drugs is the type of “unusual manner of acquisition” that tends to show guilty knowledge in a dealing in stolen property case. See Bertone v. State, 870 So.2d 923, 924 (Fla. 4th DCA 2004).

We revei’se appellant’s conviction of giving false verification of ownership to a pawn broker, contrary to section 539.001(8)(b)(8)(a), Florida Statutes (2004). The court’s instruction to the jury failed to indicate that false verification of ownership must be knowingly given in order, for there to be a conviction. See Wiley v. State, 830 So.2d 889 (Fla. 1st DCA 2002).

Affirmed in part, reversed in part, and remanded for a new trial.

STONE, GROSS and HAZOURI, JJ., concur.

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Bluebook (online)

913 So. 2d 1264, 2005 Fla. App. LEXIS 18006, 2005 WL 3050996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jean-phillipe-v-state-fladistctapp-2005.

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