Mohler v. State

District Court of Appeal of Florida

Mohler v. State

466 So. 2d 1233, 10 Fla. L. Weekly 950, 1985 Fla. App. LEXIS 13437

CourtDistrict Court of Appeal of Florida

DecidedApril 10, 1985

DocketNo. 84-2023

StatusPublished

Cited by1 cases

This text of 466 So. 2d 1233 (Mohler 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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Mohler v. State, 466 So. 2d 1233, 10 Fla. L. Weekly 950, 1985 Fla. App. LEXIS 13437 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

Defendant’s conviction for dealing in stolen property is affirmed. His motion for discharge on speedy trial grounds was properly denied in that his prior counsel had requested a continuance. See State ex rel. Gutierrez v. Baker, 276 So.2d 470 (Fla.1973).

There was sufficient evidence against defendant on the basis of which to deny his motion for directed verdict of acquittal, especially in view of the presumption under section 812.022(2), Florida Statutes (1983), that guilt can be inferred if it is shown that the accused was in possession of recently stolen property and the presumption under section 812.022(3), Florida Statutes (1983), that knowledge that property is stolen can be inferred if the accused sells the property for a sum considerably below market value, coupled with defendant’s admission that he had suspected the property was stolen when he bought it for a very low price.

DANAHY, A.C.J., and LEHAN and HALL, JJ., concur.

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PER CURIAM.

Defendant’s conviction for dealing in stolen property is affirmed. His motion for discharge on speedy trial grounds was properly denied in that his prior counsel had requested a continuance. See State ex rel. Gutierrez v. Baker, 276 So.2d 470 (Fla.1973).

There was sufficient evidence against defendant on the basis of which to deny his motion for directed verdict of acquittal, especially in view of the presumption under section 812.022(2), Florida Statutes (1983), that guilt can be inferred if it is shown that the accused was in possession of recently stolen property and the presumption under section 812.022(3), Florida Statutes (1983), that knowledge that property is stolen can be inferred if the accused sells the property for a sum considerably below market value, coupled with defendant’s admission that he had suspected the property was stolen when he bought it for a very low price.

DANAHY, A.C.J., and LEHAN and HALL, JJ., concur.

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Bluebook (online)

466 So. 2d 1233, 10 Fla. L. Weekly 950, 1985 Fla. App. LEXIS 13437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mohler-v-state-fladistctapp-1985.

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