WALDRON v. STATE

No. 2D07-2007.

979 So.2d 449 (2008)

Scott Adrian WALDRON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 25, 2008.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Dan Hallenberg, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee.


CASANUEVA, Judge.

Scott Adrian Waldron appeals his conviction for burglary of a structure and petit theft, contending that the trial court erred by instructing the jury on the inference arising from the unexplained possession of recently stolen property. Because there was insufficient evidence produced by the State at trial to merit this instruction, we reverse and remand for a new trial.

EVIDENCE BEFORE THE JURY

On February 1, 2006, the building...

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