Legal Opinion

Bell v. State

District Court of Appeal of Florida

Decided February 28, 1996No. 95-1027Published

1Opinion of the Court

ON MOTION TO RECALL MANDATE

2Per curiam

The appellee’s Motion to Recall the Mandate, issued January 12, 1996, has been *701granted and effectuated through the issuance of a separate Clerk’s Order. The Opinion filed in this case on December 27, 1995, is hereby vacated and this Opinion is substituted in its place.

As the State correctly concedes, the corpus delicti of the crime of grand theft of a firearm was not established below. As a result, the conviction for that offense must be reversed.

In addition, the State also correctly concedes that the defendant did not qualify as a habitual felony offender due to…

3Cases cited1 opinion

  1. Henderson v. StateDistrict Court of Appeal of Florida · 1995

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