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JONES v. STATE

No. 81-2176.

466 So.2d 301 (1985)

Johnny L. JONES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 12, 1985.

Attorney(s) appearing for the Case

Frates, Bienstock & Sheehe and Terry Bienstock, Fletcher Baldwin, Gainesville, for appellant.

Jim Smith, Atty. Gen., Janet Reno, State Atty. and Ira N. Loewy, Asst. State Atty., for appellee.

Before SCHWARTZ, C.J., and BARKDULL, HENDRY, HUBBART, NESBITT, BASKIN, DANIEL S. PEARSON and FERGUSON, JJ.

SCHWARTZ, Chief Judge.

This is an appeal from a conviction for grand theft rendered after a jury trial. The cause was heard en banc because the proposed but unreleased panel opinion1 — which is now the appendix to Judge Hubbart's dissent — demonstrated on its face a misapplication of and departure from the rules relating to the sufficiency of circumstantial evidence in criminal prosecutions which we previously announced in...

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