Legal Opinion

Nece v. State

District Court of Appeal of Florida

Decided November 22, 1996No. 95-02144PublishedCited by 1 opinion

1Opinion of the Court

BLUE, Judge.

Eileen A. Nece appeals her conviction for obtaining services and property in return for a worthless check, a third-degree felony under section 832.05(4), Florida Statutes (1993). We agree with her argument that the conviction must be reduced to a misdemeanor because there was no evidence that an offer of payment by check induced the services rendered. See Strickland v. State, 559 So.2d *6231288, 1289 (Fla. 2d DCA 1990) (holding evidence insufficient to sustain felony conviction when the State failed to prove that “the check was the inducement for the furnishing of goods or…

2Cases cited1 opinion

  1. Strickland v. StateDistrict Court of Appeal of Florida · 1990

3Cited by1 opinion

  1. Duncan v. StateDistrict Court of Appeal of Florida · 2014

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