Mitchell v. State

The circuit court affirmed a county court non-jury finding and adjudication that the petitioner-defendant was guilty of the petit theft of certain cactus plants in an incident which arose from a prolonged dispute between neighbors.1 On this petition for cer-tiorari review, we find no evidence whatever of essential elements of the offense, including those that the defendant had “obtain[ed] or use[d],” § 812.014(1), Fla.Stat. (1985), the property in question or, in view of the unrebutted evidence that she believed in good faith that she had a right to the plants, that she possessed the…