Schilling v. State

HENDRY, Judge.

By a two count information, the state charged appellant with violating F.S. Section 832.041, F.S.A., by stopping payment on two checks dated August 17, 1970 for $17,000 and $20,000. Appellant was acquitted of count one due to a clerical error; he was found guilty by the trial judge of count two. The judge, after the finding of guilt, withheld adjudication and entered an order placing appellant on three years probation and requiring restitution.

At trial, held non-jury, the state’s evidence consisted of the testimony of its complaining witness, Jose Fernandez Pena. Appellant also…