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BERNAU v. STATE

No. 2D03-161.

891 So.2d 1229 (2005)

David Lindsay BERNAU, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 9, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Tiffany Gatesh Fearing, Assistant Attorney General, Tampa, for Appellee.

ALTENBERND, Chief Judge.

David Lindsay Bernau appeals a judgment for exploitation of an elderly person through deception or intimidation pursuant to section 825.103(1)(a), Florida Statutes (1999). The charge arose out of a transaction in which Mr. Bernau's elderly parents endorsed a $847,000 check to him. Because the State failed to prove that Mr. Bernau obtained this money by deception or intimidation, we must reluctantly reverse.

In September 2000, Robert...

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