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MOENING v. STATE

No. 91-2732.

615 So.2d 791 (1993)

William H. MOENING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 1, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

In the instant case, the evidence at trial failed to establish that the appellant, William Moening, who was charged with second degree grand theft, had stolen in excess of $20,000.00; rather, the evidence supported a conviction for the theft of some $16,800.00. Moreover, the trial court's use of the grounds of "premeditation or calculation" for purposes of a departure sentence was improper since it is inherent...

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