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813 So. 2d 161

Canady v. State

District Court of Appeal of Florida · decided 2002-03-13

Cited by 4 later decisions — most recently July 2017

2 federal appellate · 2 state decisions

Key passage — most relied on by later courts

“The evidence was insufficient to prove [the defendant's] criminal intent to deprive another person of property, or to appropriate the property, as required under section 812.014”

quoted by 1 later decision, including Jaggernauth v. U.S. Attorney General

Relies on 694 So. 2d 720 - IT v. State · A.J.R. v. State · Schlangen v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2002-03-13

View the full empirical analysis of this case →

SILBERMAN, Judge.

¶1David Canady appeals his judgment and sentence for armed robbery with a firearm, grand theft of a motor vehicle, and giving a false name to a law enforcement officer. Because the State failed to prove the necessary elements to support a conviction for grand theft of a motor vehicle, we vacate the judgment and sentence for that offense.

¶2The evidence presented at trial reflects that Canady was a passenger in a car that had been stolen. The evidence was insufficient to prove his criminal intent to deprive another person of property, or to appropriate the property, as required under section 812.014, Florida Statutes (1999). See A.J.R. v. State, 726 So.2d 326, 327 (Fla. 2d DCA 1999). An individual who is a passenger in a vehicle after the vehicle has been stolen, even with knowledge that it has been stolen, cannot be convicted of grand theft. Schlangen v. State, 735 So.2d 581, 581 (Fla. 2d DCA 1999).

¶3We also agree with Canady’s argument that his conviction for grand theft cannot be reduced to a conviction for tres*162pass of a conveyance because the charging document did not allege the necessary elements. The information that was filed alleged grand theft under section 812.014, and did not allege trespass under section 810.08, Florida Statutes (1999). See I.T. v. State, 694 So.2d 720, 724 (Fla.1997).

¶4Accordingly, we vacate Canady’s judgment and sentence for grand theft of a motor vehicle and remand with directions that he be discharged as to that offense. We affirm Canady’s judgment and sentence in all other respects.

¶5Affirmed in part, reversed in part, and remanded with directions.

FULMER and NORTHCUTT, JJ., Concur.
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