Legal Opinion

Cernance v. State

District Court of Appeal of Florida

Decided December 30, 1970No. 69-404Published

1Per curiam

Appellant, David Joseph Cernance, appeals a judgment and sentence entered on his conviction by a jury of receiving stolen property.

The trial court in its judgment adjudicated appellant guilty of receiving stolen property. The judgment, however, failed to recite that appellant received the property with knowledge of its stolen character, or of circumstances that would put a reasonable person on inquiry as to its stolen character. Such a judgment fails to adjudicate appellant guilty of possession of stolen property under conditions which make such having, receiving and concealing a criminal…

2Cases cited3 opinions

  1. Biesendorfer v. StateDistrict Court of Appeal of Florida · 1969
  2. Mathis v. StateSupreme Court of Florida · 1938
  3. Perkins v. StateSupreme Court of Florida · 1936

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