Newman v. State

Full title: OTIS N. NEWMAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Feb 28, 1978

361 So. 2d 731 (Fla. Dist. Ct. App. 1978)

Opinion

No. 76-1682.

February 28, 1978.

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

Richard L. Jorandby, Public Defender, and Frank B. Kessler, Chief, App. Div., West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, Basil S. Diamond, and Benedict P. Kuehne, Asst. Attys. Gen., West Palm Beach, for appellee.

PER CURIAM.

AFFIRMED. Russo v. State, 340 So.2d 1273 (Fla. 4th DCA 1976).

ANSTEAD and MOORE, JJ., concur.

DAUKSCH, J., dissents.

DAUKSCH, Judge, dissenting.

I respectfully dissent. While the defendant was properly tried and convicted of receiving stolen property the judgment suffers the same technical defect as the judgment in Spurlock v. State, 281 So.2d 586 (Fla. 4th DCA 1973) in that it fails to recite knowledge on the defendant's part. Therefore, I would remand for the entry of a new proper judgment. Brinson v. State, 345 So.2d 780 (Fla. 4th DCA 1977).