Danek v. State

Ted Danek appeals the revocation of his probation and the judgment and sentence entered thereon. For the reasons which follow we reverse.

Danek was charged with violating his probation in that he violated section 812.-014(2)(b)(4), Florida Statutes (1981) (the Florida grand theft statute), by being in possession of a stolen motor vehicle.

A rental agreement for the vehicle with the Hertz Corporation had expired three weeks prior to Danek’s arrest. It is undisputed that Danek’s only connection with the vehicle was his presence as a passenger. The state concedes that Danek did not participate in…