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McGUINNESS v. STATE

No. 2D12-2284.

120 So.3d 175 (2013)

Dana McGUINNESS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 23, 2013.

Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Judith Ellis , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Marilyn Muir Beccue , Assistant Attorney General, Tampa, for Appellee.

ALTENBERND, Judge.

Dana McGuinness appeals the trial court's order withholding adjudication after a jury found her guilty of theft, a felony of the third degree.1 The trial court sentenced Ms. McGuinness to two years' probation and ordered her to pay $1000 in restitution to the victim. Because the State failed to prove that Ms. McGuinness possessed the intent to commit theft when she accepted payment from the alleged victim to perform...

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