Brinson v. State

Full title: RONNIE G. BRINSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 15, 1977

345 So. 2d 780 (Fla. Dist. Ct. App. 1977)

Opinion

No. 75-1976.

April 15, 1977.

Appeal from the Circuit Court for Indian River County, Royce R. Lewis, J.

Richard L. Jorandby, Public Defender, and James R. Merola, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard P. Zaretsky, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The trial court correctly denied appellant's motions for judgment of acquittal and for new trial.

However, the final judgment adjudicating appellant guilty of the crime of receiving stolen property is technically defective in that it fails to recite knowledge on the appellant's part of the stolen character of the property. Windhurst v. State, 320 So.2d 870 (Fla. 4th DCA 1975); Spurlock v. State, 281 So.2d 586 (Fla. 4th DCA 1973).

Accordingly, the case is reversed and remanded to the trial court for entry of a proper judgment.

REVERSED and REMANDED with directions.

DOWNEY, ALDERMAN and DAUKSCH, JJ., concur.