Nece v. State

District Court of Appeal of Florida

Nece v. State

683 So. 2d 622, 1996 Fla. App. LEXIS 12428, 1996 WL 673342

CourtDistrict Court of Appeal of Florida

DecidedNovember 22, 1996

DocketNo. 95-02144

StatusPublished

Cited by1 cases

This text of 683 So. 2d 622 (Nece 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

Nece v. State, 683 So. 2d 622, 1996 Fla. App. LEXIS 12428, 1996 WL 673342 (Fla. Ct. App. 1996).

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Opinion

BLUE, Judge.

Eileen A. Nece appeals her conviction for obtaining services and property in return for a worthless check, a third-degree felony under section 832.05(4), Florida Statutes (1993). We agree with her argument that the conviction must be reduced to a misdemeanor because there was no evidence that an offer of payment by check induced the services rendered. See Strickland v. State, 559 So.2d [623]*6231288, 1289 (Fla. 2d DCA 1990) (holding evidence insufficient to sustain felony conviction when the State failed to prove that “the check was the inducement for the furnishing of goods or services”). Accordingly, we reverse the felony conviction. On remand, the trial court shall enter a misdemeanor conviction under section 832.05(2) and resentence accordingly.

SCHOONOVER, A.C.J., and FULMER, J., concur.

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BLUE, Judge.

Eileen A. Nece appeals her conviction for obtaining services and property in return for a worthless check, a third-degree felony under section 832.05(4), Florida Statutes (1993). We agree with her argument that the conviction must be reduced to a misdemeanor because there was no evidence that an offer of payment by check induced the services rendered. See Strickland v. State, 559 So.2d [623]*6231288, 1289 (Fla. 2d DCA 1990) (holding evidence insufficient to sustain felony conviction when the State failed to prove that “the check was the inducement for the furnishing of goods or services”). Accordingly, we reverse the felony conviction. On remand, the trial court shall enter a misdemeanor conviction under section 832.05(2) and resentence accordingly.

SCHOONOVER, A.C.J., and FULMER, J., concur.

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Bluebook (online)

683 So. 2d 622, 1996 Fla. App. LEXIS 12428, 1996 WL 673342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nece-v-state-fladistctapp-1996.

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