STATE v. MARCOLINI

No. 93-3825.

664 So.2d 963 (1995)

STATE of Florida, Appellant, v. Richard MARCOLINI, Appellee.

District Court of Appeal of Florida, Fourth District.

February 1, 1995.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, Melvina Racey Flaherty and Myra J. Fried, Asst. Attys. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellee.

Robert E. Stone, Miami, for amicus curiae — Florida Power & Light Co.


KLEIN, Judge.

The appellee was charged with theft of electricity as a result of the discovery of a wire having been inserted in a hole which had been drilled in his electric meter. The statute under which he is charged provides that these facts constitute prima facie evidence of a violation of the statute, and the county court held this provision unconstitutional under the principle that the provision so restricts a fact-finder's freedom to determine whether the evidence...

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