Deese v. State

Deese appeals his conviction for motor vehicle theft, proscribed by Section 812.-014(2)(b)4, Florida Statutes (1977). I would reverse.

The motor vehicle alleged stolen, a 1974 Yamaha motorcycle, had been abandoned by its owner in a wooded area where it was found and taken to the sheriffs impoundment lot. It remained there for more than a year when Deese removed it from the lot. Its condition at that time was in a serious state of disrepair: its chain was gone, the front sprocket stripped, the fuel line and clutch lever broken, and its crankcase had a hole in it. It had no headlights,…