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Goodpaster v. State

District Court of Appeal of Florida, Fifth District
Aug 8, 1990
564 So. 2d 1152 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-2248.

July 5, 1990. Rehearing Denied August 8, 1990.

Appeal from the Circuit Court for Citrus County; John P. Thurman, Judge.

Kent G. Whittemore of Whittemore Ramsberger, P.A., St. Petersburg, and James D. Whittemore, P.A., Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for appellee.


AFFIRMED.

COWART, J., and ORFINGER, M., Associate Judge, concur.

GRIFFIN, J., concurs specially with an opinion.


Appellant was charged with violation of section 713.34(3), Florida Statutes (1985), fraudulent misuse of construction funds. The evidence at trial revealed that appellant (falsely) signed a lien waiver affidavit to obtain the first construction draw from the lender. He then sent a post-dated check to his concrete supplier without expressly designating that the payment was to be applied to the job for which he obtained the money. The supplier applied the payment to another older account. Appellant claimed that when he learned of the materialman's action, he sought to have the supplier change the payment allocation; the supplier denied it. Disregarding the statutory presumption because the state disclaimed reliance upon it, the evidence is just barely adequate to support this conviction.


Summaries of

Goodpaster v. State

District Court of Appeal of Florida, Fifth District
Aug 8, 1990
564 So. 2d 1152 (Fla. Dist. Ct. App. 1990)
Case details for

Goodpaster v. State

Case Details

Full title:EDWARD L. GOODPASTER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Aug 8, 1990

Citations

564 So. 2d 1152 (Fla. Dist. Ct. App. 1990)