ANDRE KEITH LANCASTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1979-04-19
No. KK-73
MILLS, Acting C. J., and BOOTH, J., concur.
369 So. 2d 687 Florida District Court of Appeal, First District (1979) Caution
Cited by 14 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Andre Lancaster appealed his conviction for trafficking in stolen property under Florida Statute 812.019, arguing the evidence failed to establish he intended to sell, transfer, or dispose of the stolen engine he possessed. The court agreed, holding that mere possession of stolen property, even with knowledge of its stolen status, does not constitute trafficking without evidence of intent to dispose of it.


Holding

The court held that trafficking in stolen property requires not merely knowing possession of stolen property, but also an affirmative intent to sell, transfer, distribute, dispense, or otherwise dispose of that property. Mere possession and placement in a vehicle does not evidence such intent.


Headnotes

[1] A person commits the offense of trafficking in stolen property by buying, receiving, possessing, obtaining control of, or using stolen property with the intent to sell, t…

[2] Possession of stolen property, even with knowledge that it is stolen, does not, in itself, constitute trafficking in stolen property.

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Key Quotes

“In Section 812.012(7)(b) the qualifying words "with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property," modify not only the word "use" but also the words "buy, receive, possess, [or] obtain control of".”

Establishes the proper statutory interpretation requiring intent to dispose as an element of all forms of trafficking in stolen property.

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Facts & Procedural History

Lancaster purchased and received a stolen engine, knowing or reasonably believing it was stolen, and placed the engine in his van. He was charged unde…

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Opinion of the Court
ROBERT P. SMITH, Jr., Judge.

ROBERT P. SMITH, Jr., Judge.

Lancaster appeals his conviction under Section 812.019, Florida Statutes (1977), pursuant to a plea of nolo contendere reserving the right to appeal the denial of his motion to dismiss the information on the ground that there were no material disputed facts and that the undisputed facts did not establish a prima facie case. Fla.R. Crim.P. 3.190(c)(4). Lancaster urges that he could not properly be convicted under Section 812.019 because the undisputed evidence, established by affidavit, lacked a pri-ma facie showing that Lancaster, who was in possession of property he knew or should have known was stolen, intended to sell, transfer, distribute, dispense, or otherwise dispose of that property. Sections 812.-012(7)(b), .019, Florida Statutes (1977). The state, on appeal, agrees with Lancaster’s interpretation of the statute. We also agree.

Lancaster was charged pursuant to Section 812.019(1) which states:

Any person who traffics in, or endeavors to traffic in, property that he knows or should know was stolen shall be guilty of a felony of the second degree, punishable as provided in ss. 775.082, 775.083,- and 775.084.

Section 812.012(7) defines “traffic” to mean:

(a) To sell, transfer, distribute, dispense, or otherwise dispose of property.

(b) To buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property.

The undisputed facts, as established for purposes of this decision, are that Lancaster purchased and received an engine which he knew or reasonably should have known was stolen, and placed the engine in his van. The trial court held that Section 812.019 applied to the conduct of buying property, knowing it to be stolen, and maintaining possession of it. The trial court also held that the defendant “disposed” of the engine, or evidenced an intention to “dispose” of it, by placing the engine in his van.

The offense proscribed by Section 812.-019(1) is trafficking in stolen property. In Section 812.012(7)(b) the qualifying words “with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property,” modify not only the word “use” but also the words “buy, receive, possess, [or] obtain control of”. Therefore one does not “traffic” in stolen property merely by receiving it. Nor does one evidence an intent to “dispose” of stolen property merely by putting it in his vehicle. An intent to traffic in the stolen property, as by disposing of it by transfer to another, is essential. Contrast Section 812.014, Florida Statutes (1977).

The judgment is REVERSED and the information is DISMISSED.

MILLS, Acting C. J., and BOOTH, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • State v. Camp, 596 So. 2d 1055 (Fla. 1992)
    …rettes for personal consumption does not constitute dealing in stolen property); Townsley v. State, 443 So. 2d 1072 (Fla. 1st DCA 1984) (purchasing stolen Mercedes for personal use does not constitute dealing in stolen property); Lancaster v. State, 369 So. 2d 687 (Fla. 1st DCA 1979) (finding a defendant who installed a stolen engine into his own vehicle did not deal in stolen property); cf. Bailey v. State, 559 So. 2d 742 (Fla. 1st DCA 1990) (attempting to sell stolen typewriter was neither a personal use no…
  • Merrill Padgett v. State, 378 So. 2d 118 (Fla. 1st DCA 1980)
    …, J., specially concurs. . Accord, State v. Tomas, 370 So. 2d 1142 (Fla.1979). Endeavor is defined as “an overt act manifesting criminal intent.” State v. Allen, 362 So. 2d 10, 12 (Fla.1978); State v. Tomas, supra at 1143. . In Lancaster v. State, 369 So. 2d 687 (Fla. 1st DCA 1979), this court pointed out at least one difference between the crime in Section 812.019 and the common law crime of receiving stolen goods. The defendant in that case had admittedly purchased an engine which he knew was stolen. Howe…
  • Grimes v. State, 477 So. 2d 649 (Fla. 1st DCA 1985)
    …victions of food stamp fraud are not affected by this opinion. REVERSED for further proceedings consistent with this opinion. SHIVERS and WENTWORTH, JJ., concur. . See Townsley v. State, 443 So. 2d 1072 (Fla. 1st DCA 1984) and Lancaster v. State, 369 So. 2d 687 (Fla. 1st DCA 1979).…

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