Public-domain · open source
OpenJurist

555 So. 2d 407

555 So.2d 407

14 Fla.L.Weekly 2920

S.B. v. State

District Court of Appeal of Florida

Decided December 12, 1989

District Court of Appeal of Florida · decided 1989-12-12

Cited by 3 later decisions — most recently June 1999

3 state decisions

Relies on J.J. v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-12-12

View the full empirical analysis of this case →

LEVY, Judge.

¶1Appellant, a juvenile, was found driving a stolen car less than twenty-four hours after the theft took place. The appellant testified at his adjudicatory hearing, that he thought that the car belonged to his friend’s uncle. However, the trial judge discounted appellant’s testimony, explaining: “[Fjrankly I don’t believe him.... I don’t believe him, or come any where close to believing him. And I find, beyond and to the exclusion of any reasonable doubt, that he used this car, without its owner’s permission. That is, that he operated this stolen vehicle_ lam satisfied that ... I can find him to be lying.... ”

¶2The court correctly considered the applicability of the statutorily created inference that a person in possession of recently stolen property either knew or should have known that the property had been stolen. Section 812.022(3) Florida Statutes (1987). The appellant, however, points to the exculpatory language, contained within that statutorily created inference, that provides that the inference will not be drawn when a person has “satisfactorily explained” the possession of recently stolen property. We are not persuaded by this argument.

¶3When the trial judge, sitting as the trier-of-fact, found the appellant’s testimony to be unbelievable, the court was also inherently finding that the appellant’s possession of the stolen property was not “satis*408factorily explained”. See J.J. vs. State, 463 So.2d 1168 (Fla. 3d DCA 1984).

¶4Accordingly, we find that the trial court’s findings and rulings should be affirmed.

¶5Affirmed.

/555/so2d/407 · .json · Public domain