Shaw v. State

CAMPBELL, Judge.

Appellant, Olin Shaw, was convicted of retail theft and sentenced to serve five years in prison. He raises four issues on appeal, of which only the last has merit.

Appellant argues first that his motions for judgment of acquittal should have been granted because the state failed to prove intent. Since theft is a specific intent crime to which voluntary intoxication is a defense [.Linehan v. State, 442 So.2d 244 (Fla. 2d DCA 1983), approved, 476 So.2d 1262 (Fla.1985)], and appellant presented evidence that he was intoxicated, appellant argues that the state failed to prove all…