Stephens v. State

BOARDMAN, Judge.

Appellant Johnathan Stephens urges us to reverse his judgment and sentence for the “nonexistent” offense of temporary unauthorized use of a motor vehicle1 and to remand to the trial court for his discharge. We reverse appellant’s conviction but conclude that he is not entitled to discharge.

Appellant was charged by information with grand theft of a motor vehicle under section 812.014(2)(b), Florida Statutes (1981). During appellant’s ensuing jury trial, defense counsel requested an instruction on temporary unauthorized use, or “joyriding,” under section 812.041, as a lesser…