Harriman v. State

On direct appeal, Steven Harriman seeks reversal of convictions for grand theft, and for contributing to the delinquency of his minor son. We write to address only his contention that the trial court erred in instructing the jury on the burden of proof regarding the abandonment defense he raised to the theft charge. Agreeing with the learned trial judge that the defense had the burden to prove abandonment by a preponderance of the evidence, we affirm.

I

At a Kmart store in Escambia County, Mr. Harriman and a minor son walked into the electronics department pushing a shopping cart, left the…