STATE OF FLORIDA, PETITIONER,
v.
WILLIAM LAWRENCE COWHIG, JR., RESPONDENT
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PER CURIAM.
We review Cowhig v. State, 589 So. 2d 310 (Fla. 5th DCA1991), based on conflict with Dixon v. State, 541 So. 2d 637 (Fla. 1st DCA), review dismissed, 547 So. 2d 1209 (Fla.1989), and our review of State v. Camp, 579 So. 2d 763 (Fla. 5th DCA1991), approved, 596 So. 2d 1055 (Fla.1992). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So. 2d 418 (Fla.1981).
William Lawrence Cowhig, Jr., stole numerous checks from an office and cashed one of them for his own use. He was tried and convicted of burglary of a structure and dealing in stolen property under section 812.019, Florida Statutes (1989) (dealing in stolen property). The Fifth District reversed Cowhig’s conviction for dealing in stolen property, based on its decision in Camp, which recently was approved by this Court. State v. Camp, 596 So. 2d 1055, 1057 (Fla.1992) (negotiating stolen checks for personal use, or otherwise deriving personal benefit from stolen merchandise, does not constitute the crime of dealing in stolen property).
The decision below therefore is approved. It is so ordered.
BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Blount v. State, 641 So. 2d 447 (Fla. 2d DCA 1994)…and fourteen rolls, the state maintains that the “use” of the check ceases to be personal and becomes non-personal. This distinction is not found in Camp, and it is doubtful that it can be applied in any consistent fashion. See also State v. Cowhig, 604 So. 2d 1233 (Fla.1992) (cashing stolen checks for personal benefit does not constitute dealing in stolen property); Burch v. State, 602 So. 2d 639 (Fla. 5th DCA 1992) (negotiating a stolen $210 check for cash is not dealing). We conclude that the critical conc…
Authorities Cited
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- State v. Camp, 596 So. 2d 1055 (Fla. 1992)
- State v. Camp, 579 So. 2d 763 (Fla. 5th DCA 1991)
- Dixon v. State, 541 So. 2d 637 (Fla. 1st DCA 1989)
- Cowhig v. State, 589 So. 2d 310 (Fla. 5th DCA 1991)
- First Hosp. Corp. OF Fla. v. Dep't OF Health & Rehabilitative Servs. & Cmty. Hosp. of The Palm Beaches, Inc., 589 So. 2d 310 (Fla. 1st DCA 1991)