Cynthia Franke v. State of Florida

On Motion for ReheaRing and/OR Clarification -

STEVENSON, J.

The State has filed a Motion for Rehearing and/or Clarification. We deny the motion. However, we withdraw our previously issued: opinion and substitute the following.

Cynthia Franke appeals her conviction of financial exploitation of the elderly. Because the State’s evidence was not inconsistent with her theory of innocence, we reverse.

Franke and the alleged victim, Mary Teris, have been friends for thirty years. They met when Teris became a client of the investment firm where Franke worked as a stockbroker. Teris was at the office…