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STATE v. LAHURD

No. 92-3628.

632 So.2d 1101 (1994)

STATE of Florida, Appellant, v. Neil J. LAHURD, Appellee.

District Court of Appeal of Florida, Fourth District.

March 2, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellant.

J. David Bogenschutz of Bogenschutz & Dutko, P.A., Fort Lauderdale, for appellee.

PARIENTE, Judge.

The state appeals an order dismissing an information charging the defendant with three counts of grand theft. The narrow issue on appeal is whether a personal representative can commit grand theft when he converts estate assets to his own use. The trial court determined that the personal representative cannot be charged with taking "the property of another" within the meaning of section 812.014, Florida Statutes (1991), because the personal representative...

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