Levitan v. State

Appellant, Daniel John Levitan, challenges his conviction for grand theft in the second degree arising from the failed operation of his restaurant, Finnegan’s Wake Irish Pub (Finnegan’s). He argues the trial court erred in denying his motion for judgment of acquittal because the State’s evidence was legally insufficient under section 812.014, Florida Statutes, to show he either deprived or appropriated to the use of others not entitled to it, certain “property” belonging to Total Employee Leasing (TEL) as specified in the information. Viewing the evidence in the light most favorable to the…