Frazier v. State

CASANUEVA, Judge.

Marvin N. Frazier appeals his judgment and sentence for grand theft following a bench trial. The charge arose out of the nonperformance of a contract to remodel a duplex owned by Mohamed Nazir. We reverse because the State did not prove the element of intent and was improperly allowed to rely on the statutory inference of intent provided in section 489.126, Florida Statutes (2008).

FACTS

Mr. Nazir entered into a contract with Mr. Frazier, in which Mr. Frazier agreed to perform work on Mr. Nazir’s duplex in exchange for $20,000. They signed the contract on October 21, 2008, and…