Humphries v. State

DOWNEY, Judge.

In an opinion filed August 22, 1975, we reversed the judgment of conviction and sentence entered by the trial court for failure to instruct the jury that to be guilty of the felony charged in the information (possession of a stolen motor vehicle in violation of § 814.03(2), F.S.1973), the defendant must have intended to permanently deprive the owner of the vehicle. We now perceive that to be an incorrect statement of the law, making it necessary for the mandate to be recalled and set aside; the opinion of this court published August 22, 1975 be vacated, and a rehearing be…