Canady v. State

SILBERMAN, Judge.

David Canady appeals his judgment and sentence for armed robbery with a firearm, grand theft of a motor vehicle, and giving a false name to a law enforcement officer. Because the State failed to prove the necessary elements to support a conviction for grand theft of a motor vehicle, we vacate the judgment and sentence for that offense.

The evidence presented at trial reflects that Canady was a passenger in a car that had been stolen. The evidence was insufficient to prove his criminal intent to deprive another person of property, or to appropriate the property, as required…