Gilbert v. State

PEARSON, Judge.

The appellant was found guilty after a trial before the court without jury upon the charge of possession of a stolen motor vehicle in violation of Fla.Stat. § 814.03(2), F.S.A. The judgment and sentence must be reversed because the evidence is insufficient to support the judgment. One of the elements necessary for the proof of a prima facie case for the violation of this statute is that the defendant knew or had reason to believe that the motor vehicle was in fact stolen. See State v. Graham, Fla.1970, 238 So.2d 618. In the present instance, the evidence reveals without dispute…