Legal Opinion

Miranda v. State

District Court of Appeal of Florida

Decided December 6, 2000No. 2D99-2764Published

1Opinion of the Court

PARKER, Acting Chief Judge.

Ed Miranda appeals the judgment and sentence for obtaining property in return for a worthless check in violation of section 832.05(4), Florida Statutes (1997). Miranda argues that the State did not prove a violation of section 832.05(4) because (1) the State did not establish that Miranda had the requisite intent, and (2) the check was delivered in payment of a preexisting obligation. We find merit in Miranda’s first issue and reverse with directions for the trial court upon remand to enter a judgment of acquittal in favor of Miranda.

The State’s information alleged…

2Cases cited1 opinion

  1. State v. BerrySupreme Court of Florida · 1978

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