SMITH v. STATE

No. 98-1767.

742 So.2d 352 (1999)

Donnie SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 13, 1999.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellee.


W. SHARP, J.

Smith was convicted and sentenced for grand theft of a boat, motor and trailer.1 The trial court sentenced him as a habitual offender to ten years imprisonment, consecutive to other sentences to be imposed on charges pending before the court. On appeal, Smith argues there was insufficient evidence to sustain an inference that he stole the items charged, and thus the jury instruction on this issue was improper; that prosecutorial...

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