HUMPHRIES v. STATE

No. 74-1235.

320 So.2d 843 (1975)

Joe HUMPHRIES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 12, 1975.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Leon St. John, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., West Palm Beach, for appellee.


DOWNEY, Judge.

In an opinion filed August 22, 1975, we reversed the judgment of conviction and sentence entered by the trial court for failure to instruct the jury that to be guilty of the felony charged in the information (possession of a stolen motor vehicle in violation of § 814.03(2), F.S. 1973), the defendant must have intended to permanently deprive the owner of the vehicle. We now perceive that to be an incorrect statement of the law, making it necessary...

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