Legal Opinion · Dissent

Newman v. State

District Court of Appeal of Florida

Decided February 28, 1978No. 76-1682Published

1DissentDauksch, Judge

I respectfully dissent. While the defendant was properly tried and convicted of receiving stolen property the judgment suffers the same technical defect as the judgment in Spurlock v. State, 281 So.2d 586 (Fla. 4th DCA 1973) in that it fails to recite knowledge on the defendant’s part. Therefore, I would remand for the entry of a new proper judgment. Brinson v. State, 345 So.2d 780 (Fla. 4th DCA 1977).

2Cases cited2 opinions

  1. Spurlock v. StateDistrict Court of Appeal of Florida · 1973
  2. Brinson v. StateDistrict Court of Appeal of Florida · 1977