Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
David ROSSI, Appellant, v. STATE of Florida, Appellee.
We sua sponte consolidate these appeals. As to the substantive offense in case number 97-2821, we reverse and direct that Appellant be discharged on remand. The record reflects that there simply was no evidence tying the vehicle found in Appellant's possession to the vehicle that was stolen from the victim, other than each being a green Buick. To convict Appellant of grand theft of a motor vehicle, the state was required to present evidence that the vehicle in Appellant's possession was the vehicle identified by the victim as stolen. See Coyle v. State, 493 So.2d 550, 551 (Fla. 4th DCA 1986); Foster v. State, 557 So.2d 634, 636 (Fla. 3d DCA 1990); J.E.P. v. State, 561 So.2d 10, 11 (Fla. 3d DCA 1990); C.O. v. State, 557 So.2d 637, 638 (Fla. 3d DCA 1990).
In case number 97-2843, the trial court revoked Appellant's probation based, in part, on his conviction of grand theft. In light of the reversal on the substantive offense, we reverse and remand for reconsideration of Appellant's revocation of probation and sentence. On remand, the trial court may still decide to revoke Appellant's probation based on evidence of his “technical” violations.
PER CURIAM.
STONE, C.J., TAYLOR, J., and GLICKSTEIN, HUGH S., Senior Judge, concur.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: Nos. 97-2821, 97-2843.
Decided: September 16, 1998
Court: District Court of Appeal of Florida,Fourth District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)