State v. Wynn

The state appeals from an order granting the defendant’s motion to dismiss the information pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). We reverse.

Investigator Jiles of the Polk County Sheriff’s Department and an undercover agent sold property to the defendant for the price of $100. Although they informed him that the property was “hot,” the defendant gave the officers money in exchange for the property. Thereafter the defendant was charged with violating section 812.014, Florida Statutes (1981), in that he:

knowingly did obtain or use or endeavor to obtain or endeavor to use…