Barfield v. State

WIGGINTON, Judge.

Appellant appeals his conviction, after jury trial, of dealing in stolen property, challenging the giving of a certain jury instruction. We reverse his conviction and remand for a new trial.

Appellant was originally charged with dealing in stolen property and grand theft of certain fishing equipment belonging to Jesse Moore. At the close of the evidence, the trial judge reduced the grand theft charge to petit theft. The jury found appellant guilty on both counts but, pursuant to section 812.025, Florida Statutes, the trial judge vacated the petit theft conviction.

At trial,…