Keel v. State

ON MOTION FOR REHEARING OR CERTIFICATION

JOANOS, Judge.

Appellant has moved for rehearing or certification arguing that our distinguishing section 944.40, Florida Statutes, from the theft statute, section 812.014, Florida Statutes, involved in Sykes v. State, 397 So.2d 991 (Fla. 1st DCA 1981) was incorrect. We adhere to our earlier opinion and deny the motion.

As support, appellant points to: Ervin v. State, 410 So.2d 510 (Fla. 2d DCA 1981) in which the district court construed section 812.019, Florida Statutes, which pertains to dealing in stolen property; Hestor v. State, 363 So.2d 26 (Fla.…