Russ v. State

Appellant, Darryl Russ, appeals his conviction for grand theft of insurance proceeds, contending that the trial court erred by denying his motion for judgment of acquittal, because the state failed to prove that he “obtained the property of another” with the “intent to steal,” which are essential elements of theft. He also claims fundamental error caused by the trial court’s failure to give a jury instruction regarding appellant’s good-faith belief that he was entitled to the insurance proceeds, and by the prosecutor’s admonition to the jury to send a message to the defendant by finding him…