STACY CLYDE JOLLIE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (40 total)

• T.S.R. v. State, 596 So. 2d 766 (Fla. 5th DCA 1992)
  …o support a theft conviction but when a burglary necessarily occurs as an adjunct, the inference of guilt from the unexplained possession of the recently stolen goods also supports a conviction for the burglary. See N.C. which cites Ridley v. State, 407 So. 2d 1000, 1002 (Fla. 5th DCA 1981), which also holds that the reasonableness of the defendant’s explanation for his possession of recently stolen property is a question of fact to be resolved by the fact finder. Accordingly, the circumstantial evidence inclu…

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• Coleman v. State, 466 So. 2d 395 (Fla. 2d DCA 1985)
  …ine the truth of his story. If that were not so then all an accused person would have to do would be to deny knowledge or intent and the state would be out of court without a trial to determine the matter. 404 So. 2d at 845. Accord Ridley v. State, 407 So. 2d 1000 (Fla. 5th DCA 1981). These cases may possibly be reconciled on their facts, but the line is thin. As we see it, the rule is that where a defendant gives a patently reasonable explanation for his possession of recently stolen goods which is totally…
• Blackmon v. State, 121 So. 3d 535 (Fla. 2013)
  …state is not entitled to have the jury convict Kiss of both dealing in stolen property and grand theft.... To conclude otherwise would make the language of the statute meaningless.” Id. at 812. The Fourth District maintained that in Ridley v. State, 407 So. 2d 1000 (Fla. 5th DCA 1981), the Fifth District Court of Appeal mistakenly analogized this issue to that of double jeopardy. 42 So. 3d at 812. According to the Fourth District, “the district courts that have concluded that the cure to this anomaly of permit…

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Authorities Cited

• Jollie v. State, 405 So. 2d 418 (Fla. 1981)
• Tascano v. State, 393 So. 2d 540 (Fla. 1980)
• Murray v. State, 403 So. 2d 417 (Fla. 1981)
• Jollie v. State, 381 So. 2d 351 (Fla. 5th DCA 1980)