PATTEN v. STATE

No. 85-2004.

492 So.2d 748 (1986)

Harvey Lewis PATTEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 1, 1986.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and A. Anne Owens, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee and William I. Munsey, Asst. Atty. Gen., Tampa, for appellee.


RYDER, Judge.

This is an appeal from a conviction of grand theft and the sentence thereof. Although charged with burglary and grand theft, the trial jury found appellant, Harvey Patten, guilty only as to grand theft.

The record reflects that Bertha S. Olinger, the alleged victim, ran an auction where she sold both new and used items. Besides selling her own merchandise, others were allowed to sell their own items relinquishing a commission to Olinger upon...

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