WILEY v. STATE

No. 1D01-1776.

830 So.2d 889 (2002)

Adolph WILEY, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 26, 2002.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Nancy L. Showalter, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.


BROWNING, J.

Adolph Wiley, Jr., challenges his conviction for pawnbroker transaction fraud, alleging that the jury instructions erroneously omitted reference to an essential element of the crime. We hold this omission was a fundamental error and was not harmless. We reverse the appellant's conviction and sentence, and remand for further proceedings. As to the appellant's conviction for dealing in stolen property, we affirm and remand for re-sentencing.

The...

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