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MITCHELL v. STATE

No. 87-2386.

516 So.2d 22 (1987)

Margaret MITCHELL, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

November 17, 1987.

Attorney(s) appearing for the Case

Charlton Stoner, Miami, for petitioner.

Robert A. Butterworth, Atty. Gen., and Yvette Rhodes Prescott, Asst. Atty. Gen., for respondent.

Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.

PER CURIAM.

The circuit court affirmed a county court non-jury finding and adjudication that the petitioner-defendant was guilty of the petit theft of certain cactus plants in an incident which arose from a prolonged dispute between neighbors.1 On this petition for certiorari review, we find no evidence whatever of essential elements of the offense, including those that the defendant had "obtain[ed] or use[d]," § 812.014(1), Fla....

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