Montanez v. State

HOBSON, Acting Chief Judge.

Appellant Honorio Montanez was charged by information with grand larceny of a motor vehicle in violation of Section 812.-021, Florida Statutes (1977). A jury found him guilty of the charge and he was sentenced to five years probation, six months of which were to be served in jail, and a $5,000 fine.

The stolen property referred to in the charging document is a Caterpillar motor grader which appellant contends is not a “motor vehicle” as defined in Sections 320.-01(l)(a) and 520.02(1), Florida Statutes (1977). He argues that the State failed to prove each and every…