ALFRED I. GELLMAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court reversed a conviction for grand larceny (auto theft) because the prosecution failed to prove the defendant acted with felonious intent. The court found the circumstantial evidence presented was not inconsistent with a reasonable hypothesis of innocence.
Yes, the prosecution failed to prove the requisite felonious intent. The circumstantial evidence presented was consistent with a reasonable hypothesis of innocence, meaning the defendant did not necessarily intend to permanently deprive the owner of the vehicles.
[1] Felonious intent is a necessary element to prove the crime of larceny.
[2] The existence of felonious intent is a question for the trier of fact, provided there is substantial competent evidence from which to infer such intent.
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Join FLexlaw to unlock all legal intelligence“where the prosecution failed to establish with clear convincing evidence that the theft of 10 automobiles was committed with the requisite felonious intent to the exclusion of every reasonable doubt.”
States the defendant's primary argument on appeal regarding the insufficiency of evidence for felonious intent.
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Join FLexlaw to unlock all legal intelligenceThe defendant was convicted of 10 counts of grand larceny for stealing automobiles. The prosecution relied on circumstantial evidence to prove the def…
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PER CURIAM.
Defendant, Alfred Gellman, appeals his conviction on 10 counts of grand larceny (auto theft) and contends that the trial court erred in denying his motion for judgment of acquittal where the prosecution failed to establish with clear convincing evidence that the theft of 10 automobiles was committed with the requisite felonious intent to the exclusion of every reasonable doubt. We find this point well taken.
It is necessary to prove that one charged with the crime of larceny possessed a felonious intent. Canada v. State, 139 So. 2d 753 (Fla. 2d DCA 1962). The existence vel non of the requisite felonious intent is for the trier of the fact to determine subject to the legal requirement that there be substantial competent evidence from which the trier of the fact may so infer this intent. Casso v. State, 182 So. 2d 252 (Fla. 2d DCA 1966). Where, as in the instant case, the prosecution attempts to prove the element of felonious intent by circumstantial evidence, such proof must not only be consistent with guilt but also inconsistent with any other reasonable hypothesis of innocence. McGough v. State, 302 So. 2d 751 (Fla.1974); Ross v. State, 285 So. 2d 429 (Fla. 3d DCA 1973).
The evidence in the case at bar reflects that Gellman obtained the consent of at least three individuals who held key management positions with respect to the day to day operation of North American Marketing (the owner of the vehicles) and whom he reasonably believed had the requisite authority to transfer the 10 vehicles to Haiti. In addition, he did not claim ownership of the vehicles as the Haitian franchise was not in his name but in the name of North American Marketing. Further, the receipts from the freight forwarder reflected that the shipment of the automobiles was to and from North American Marketing. We, therefore, conclude that the prosecution failed to prove the requisite element of felonious intent to the exclusion of every reasonable hypothesis of innocence.
There being insufficient competent evidence to sustain the finding of guilt, the convictions are reversed and Gellman is discharged.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Casso v. State, 182 So. 2d 252 (Fla. 2d DCA 1966)
- Erle W. McGOUGH v. State, 302 So. 2d 751 (Fla. 1974)
- Canada v. State, 139 So. 2d 753 (Fla. 2d DCA 1962)
- Ross v. State, 285 So. 2d 429 (Fla. 3d DCA 1973)