State v. Holcomb

The State appeals the trial court’s dismissal of Counts I, III and IV of the information against David Floyd Holcomb. These counts alleged that Holcomb trafficked in stolen property by pawning items previously stolen by him. We vacate the order dismissing the three counts.

Neither of the parties considered the decision in State v. Nesta, 617 So.2d 720 (Fla. 2d DCA 1993) which is dispositive of the issue on appeal. The district court held that “[o]ne who attempts to sell or sells stolen goods to a pawnbroker is not using the stolen items for his own personal use but has met the statutory…