Bender v. State

Marcy Bender appeals her convictions of burglary of a dwelling, uttering a forged instrument, and grand theft. As to the charge of burglary, she claims that the evidence was insufficient to show that she was a principal to the burglary of the victim’s home. We disagree and affirm.

Bender had possession of and attempted to cash checks stolen from the victim, Bender’s neighbor. In Francis v. State, 808 So.2d 110, 134 (Fla.2001), the court stated, “ ‘[UJnexplained possession of recently stolen property is not only sufficient to support a theft conviction, but when a burglary necessarily occurs as…