GILBERT v. STATE

No. 72-760.

270 So.2d 750 (1972)

Billy GILBERT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 9, 1973.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Lewis S. Kimler, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.


PEARSON, Judge.

The appellant was found guilty after a trial before the court without jury upon the charge of possession of a stolen motor vehicle in violation of Fla. Stat. § 814.03(2), F.S.A. The judgment and sentence must be reversed because the evidence is insufficient to support the judgment. One of the elements necessary for the proof of a prima facie case for the violation of this statute is that the defendant knew or had reason to believe that the motor...

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