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STARLING v. STATE

No. 94-2427.

677 So.2d 4 (1996)

Betty Dunn STARLING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 29, 1996.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Dan Hallenberg, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, Judge.

Betty Dunn Starling appeals the judgment and sentence adjudicating her guilty of third degree grand theft. The gravamen of the charge is that she used her position of trust and influence to withdraw funds from the accounts of an 81-year-old woman, thereby depleting the accounts of the assets therein. Starling alleges that she co-owned the joint accounts and therefore could not be guilty of theft. The State alleges that the victim did not have the...

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