Legal Opinion

Guarscio v. State

District Court of Appeal of Florida

Decided June 10, 2011No. 2D08-5000PublishedCited by 2 opinions

1Opinion of the Court

NORTHCUTT, Judge.

A jury convicted Dana Guarscio of exploitation of an elderly person, grand theft from a person over age sixty-five, and four counts of uttering a forged instrument. However, the evidence failed to prove a necessary element of the exploitation offense, and we reverse that conviction. The evidence also was insufficient to prove a second-degree grand theft. We reverse that conviction with directions to reduce it to a third-degree felony. We affirm without further comment Guarscio’s convictions for four counts of uttering forged instruments.

The victim in this case was Guarscio’s…

2Cases cited5 opinions

  1. Pagan v. StateSupreme Court of Florida · 2002
  2. F.B. v. StateSupreme Court of Florida · 2003
  3. Hicks v. StateDistrict Court of Appeal of Florida · 2010
  4. Deranger v. StateDistrict Court of Appeal of Florida · 1995
  5. Bernau v. StateDistrict Court of Appeal of Florida · 2005

3Cited by2 opinions

  1. Cynthia Franke v. State of FloridaDistrict Court of Appeal of Florida · 2015
  2. Cynthia Franke v. State of FloridaDistrict Court of Appeal of Florida · 2016

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