Opinion
No. 91-1365.
April 24, 1992.
Appeal from the Circuit Court for Seminole County; Leonard V. Wood, Judge.
James B. Gibson, Public Defender, and Lyle R. Hitchens, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and John W. Foster, Jr., Asst. Atty. Gen., Daytona Beach, for appellee.
We agree with the defendant that the circumstantial evidence presented by the state on the grand theft count failed to exclude every reasonable hypothesis of innocence and will not support the conviction. However, the record supports the defendant's conviction for dealing in stolen property.
AFFIRMED in part; REVERSED in part.
GOSHORN, C.J., and COBB and GRIFFIN, JJ., concur.