Legal Opinion · Concurrence

Green v. State

District Court of Appeal of Florida

Decided May 9, 2012No. 2D10-2855Published

1Concurrence

ALTENBERND, Judge,

Specially concurring.

I concur in the outcome of this unusual case because the State never proved that Mr. Green unlawfully obtained or used, endeavored to obtain or use, or appropriated the bank’s property to his use or the use of another not entitled to use the property. But I am not entirely convinced that the outcome of this case is controlled by the special standard generally applicable to cases “where a conviction is wholly based on circumstantial evidence.” State v. Law, 559 So.2d 187, 188 (Fla.1989); see also Walker v. State, 957 So.2d 560, 577 (Fla.2007); Galavis v.…

2Cases cited4 opinions

  1. State v. LawSupreme Court of Florida · 1989
  2. Wilson v. StateSupreme Court of Florida · 1986
  3. Evans v. StateSupreme Court of Florida · 2002
  4. GALAVIS v. StateDistrict Court of Appeal of Florida · 2010

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