ELDER v. STATE

No. 4D03-4126.

895 So.2d 1109 (2005)

Elvin W. ELDER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 6, 2005.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

Appellant was convicted of grand theft of an automobile, burglary of a conveyance, and petit theft. The trial court should have acquitted him of grand theft because there was no evidence that he took the automobile.

Appellant was found by an officer — who had been informed that there was a car stripping in progress — attempting to remove a muffler from the car. In response to the officer's questions, appellant advised that he did not...

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