STATE OF FLORIDA, APPELLANT,
v.
LEANDER ALEXANDER SKINNER, APPELLEE
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PER CURIAM.
This appeal by the State of Florida from the trial court’s order dismissing the information against appellee presents a single issue: Did the trial court commit error in granting appellee’s motion to dismiss charges of dealing in stolen property on the ground that the property alleged to have been stolen was, in fact, not stolen property?
Subsequent to the ruling here complained of, this court ruled upon the identical issue in Padgett v. State, 378 So. 2d 118 (Fla. 1st DCA 1980). That case holds that in a prosecution under Section 812.019, Florida Statutes (1977), proof of the stolen character of the goods is not essential to proof of the offense of “endeavoring to traffic in stolen property” (378 So. 2d at 119). See Section 812.028, Florida Statutes (1977), and State v. Dickinson, 370 So. 2d 762 (Fla.1979).
REVERSED and REMANDED.
BOOTH, LARRY G. SMITH and THOMPSON, JJ., concur.
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State v. Rios, 409 So. 2d 241 (Fla. 3d DCA 1982)…al draft, May 4, 1962). This analysis is fully supported by recent decisions of the First and Fourth District Courts of Appeal with which we are in complete agreement. State v. Cohen, 409 So. 2d 64 (Fla. 4th DCA 1982) (7 FLW 180); State v. Skinner, 397 So. 2d 389 (Fla. 1st DCA 1981); Padgett v. State, 378 So. 2d 118 (Fla. 1st DCA 1980). It is further supported by the Model Penal Code § 5.01(a), supra; see also ALI, Model Penal Code § 5.01(a) Comment 4 (Tent. Draft No. 10, May 6, 1960), and the trend of the b…
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State v. Williams, 442 So. 2d 240 (Fla. 5th DCA 1983)…rt the lower court’s order. We are of the opinion that there is no substantial difference between “soliciting” to traffic in stolen property and “endeavoring” to traffic in stolen property for the purposes of this decision. In both State v. Skinner, 397 So. 2d 389 (Fla. 1st DCA 1981) and Padgett v. State, 378 So. 2d 118 (Fla. 1st DCA 1980) the appellate court held that a person could be convicted of endeavoring to traffic in stolen goods even though it was established that the goods were not stolen. In Padget…
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Lawson L. Lamar v. Keesee, 512 So. 2d 1066 (Fla. 5th DCA 1987)…ntive crime of trafficking.” This court stated that there was “no reason to require the proof that the property was stolen in a solicitation to traffic case as opposed to an endeavoring to traffic case.” 442 So. 2d at 242. See also State v. Skinner, 397 So. 2d 389 (Fla. 1st DCA 1981) and Padgett v. State, 378 So. 2d 118 (Fla. 1st DCA 1980) (both cases holding that a person could be convicted of endeavoring to traffic in stolen goods even though it was established that the goods were not stolen). The case of…
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- State v. Dickinson, 370 So. 2d 762 (Fla. 1979)
- Merrill Padgett v. State, 378 So. 2d 118 (Fla. 1st DCA 1980)