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MIRANDA v. STATE

No. 2D99-2764.

773 So.2d 1195 (2000)

Ed MIRANDA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 6, 2000.

Attorney(s) appearing for the Case

Thomas A. Smith, Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kimberly Nolen Hopkins, Assistant Attorney General, Tampa, for Appellee.

PARKER, Acting Chief Judge.

Ed Miranda appeals the judgment and sentence for obtaining property in return for a worthless check in violation of section 832.05(4), Florida Statutes (1997). Miranda argues that the State did not prove a violation of section 832.05(4) because (1) the State did not establish that Miranda had the requisite intent, and (2) the check was delivered in payment of a preexisting obligation. We find merit in Miranda's first issue and reverse with...

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