Colangelo v. State

3 Citing cases

  1. Lash v. State

    399 So. 2d 534 (Fla. Dist. Ct. App. 1981)   Cited 1 times

    We disagree. A promise to do something in the future, e.g., guarantee a roofing job, will simply not support a conviction for false pretenses, Martin v. State, 379 So.2d 179 (Fla. 1st DCA 1980); Paulk v. State, 344 So.2d 304 (Fla.2d DCA 1977); Colangelo v. State, 320 So.2d 826 (Fla. 4th DCA 1975); Waterman v. State, 317 So.2d 469 (Fla. 4th DCA 1975); see Scarlett v. State, 25 Fla. 717, 6 So. 767 (1889), in the absence of evidence that the defendant knew at the time this promise was made that it would not be honored. See McFarland v. State, 368 So.2d 948 (Fla. 4th DCA 1979). There is no such evidence in this record.

  2. Martin v. State

    379 So. 2d 179 (Fla. Dist. Ct. App. 1980)   Cited 21 times
    Holding no theft where money was voluntarily given pursuant to contract and defendant failed to perform the contract

    The court pointed out that a false representation of a past or existing fact is essential to a conviction under the statutes; and, a promise to do something in the future, even though it be a false promise, is not a representation of a past or existing fact and will not support a conviction for false pretenses. We find this to be the settled law in this State. Colangelo v. State, 320 So.2d 826 (Fla. 4th DCA 1975); Waterman v. State, 317 So.2d 469 (Fla. 4th DCA 1975); Scarlett v. State, 25 Fla. 717, 6 So. 767 (Fla. 1889). We also find the evidence insufficient to constitute a crime under the theory of "conversion", or "embezzlement", or crimes of a like nature.

  3. Paulk v. State

    344 So. 2d 304 (Fla. Dist. Ct. App. 1977)   Cited 6 times
    In Paulk v. State, 344 So.2d 304 (Fla.Dist.Ct.App. 1977), the defendant posed as a pest exterminator. He represented to an 83-year-old woman that she had termites in her basement, when in fact he had placed them in her home.

    A promise to do something in the future, even though it be a false promise, is not a representation of a past or existing fact and will not support a conviction for false pretenses. See Scarlett v. State, 25 Fla. 717, 6 So. 767 (1889); Abernathy v. State, 333 So.2d 42 (Fla. 4th DCA 1976); Colangelo v. State, 320 So.2d 826 (Fla. 4th DCA 1975); Waterman v. State, 317 So.2d 469 (Fla. 4th DCA 1975). In Collins, the appellant's representation of the fertilizer as being good quality was held to be mere "dealer puffing" which is not condemned by the criminal law.