Davis v. State

OPINION ON REHEARING EN BANC

DOWNEY, Judge.

The state has moved to rehear this case en banc contending that our decision filed December 12,1984, is in direct conflict with this court’s decision in Taylor v. State, 350 So.2d 13 (Fla. 4th DCA 1977), and also with the case of Carron v. State, 414 So.2d 288 *954(Fla. 2d DCA 1982), aff'd, 427 So.2d 192 (Fla.1983).

Capsulated, the facts are that appellant, Davis, the manager of a restaurant, was charged with failing on numerous occasions to deposit the restaurant’s daily receipts into the owner’s bank account. The parties orally agreed that Davis should…