Legal Opinion

Leary v. State

District Court of Appeal of Florida

Decided January 31, 1979No. 77-1237Published

1Opinion

ON PETITION FOR REHEARING

BERANEK, Judge.

By opinion of this Court published November 1, 1978, the judgment and conviction below were reversed and remanded for entry of a proper judgment because the judgment failed to recite the element of knowledge on the defendant’s part of the stolen character of certain property. De*1172fendant had been charged with the crime of receiving stolen property with the knowledge that it was stolen, but the eventual judgment did not recite defendant’s knowledge of the stolen character of the property. We have reconsidered the matter and conclude that the above ruling…

2Cases cited3 opinions

  1. Russo v. StateDistrict Court of Appeal of Florida · 1976
  2. Brinson v. StateDistrict Court of Appeal of Florida · 1977
  3. Newman v. StateDistrict Court of Appeal of Florida · 1978

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