JACK C. COLEMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1985-03-27
No. 84-880
SCHOONOVER, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
466 So. 2d 395 Florida District Court of Appeal, Second District (1985) Positive Treatment
Cited by 42 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.


Holding

The court held that the jury was entitled to find the appellant's explanation for possessing recently stolen property unsatisfactory, even if unrefuted, when the explanation was not patently reasonable and other evidence cast doubt upon it.


Headnotes

[1] Proof of possession of recently stolen property, unless satisfactorily explained, gives rise to an inference that the possessor knew or should have known the property was…

[2] The reasonableness of a defendant's explanation for possessing recently stolen property is a question for the jury when the explanation is only arguably reasonable or is…

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Appellant was found attempting to sell aluminum sailboat parts shortly after they were stolen from a business. The parts were identified by a scrap me…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
GRIMES, Acting Chief Judge.

GRIMES, Acting Chief Judge.

This is an appeal from a conviction for dealing in stolen property. Appellant was charged with grand theft and dealing in stolen property. At the trial, the production manager for Kenyon Marine, Inc., testified that when he closed the business on December 5, 1983, some aluminum sailboat mast collars and spreaders were located in a shopping cart inside the rear gate. When he returned early the following morning, he noticed that a portion of the chain link fence surrounding the property had been pulled open by lifting it off its rollers. The aluminum sailboat parts valued at more than $1800 were missing. He called the police and also asked some scrap metal dealers to be on the lookout for the stolen property.

On the morning of December 6,1983, the appellant tried to sell some pieces of extruded aluminum which he had in his car trunk to one of the scrap metal dealers. The pieces were later identified as the stolen sailboat parts. The dealer recognized the parts as being similar to those described to him a few minutes earlier by the production manager of Kenyon. He called the police and delayed the appellant until he could be arrested.

The appellant testified that he was a junk dealer. He explained that he collects discarded metal and sells it to various dealers. He stated that on December 6, 1983, at about 6:30 a.m., he went to a business called Contrary Times that was closing down. He went there because he thought that it was likely to be discarding unwanted items. He testified that he found the collars and spreaders in a dumpster, although he only recognized them as aluminum for potential resale. He denied stealing the items. He contended that he had previously sold junk to the same scrap metal dealer, although the two employees who testified-were uncertain of this fact. The jury found the appellant not guilty of grand theft but guilty of dealing in stolen property.

Section 812.022(2), Florida Statutes (1981), provides as follows:

(2) Proof of possession of property recently stolen, unless satisfactorily explained, gives rise to an inference that the person in possession of the property knew or should have known that the property had been stolen.

The inference created by the statute is sufficient to convict. Edwards v. State, 381 So. 2d 696 (Fla.1980); cf. State v. Young, 217 So. 2d 567 (Fla.1968), cert. denied, 396 U.S. 853, 90 S.Ct. 112, 24 L.Ed.2d 101 (1969) (burglary conviction upheld for unexplained possession of goods recently stolen where a building has been broken into and entered). Appellant argues, however, that the explanation. of how he acquired the stolen items was sufficient to dispel any inference of guilt and that since it was unrefuted, he was entitled to a judgment of acquittal. For this proposition he relies upon R.M. v. State, 450 So. 2d 897 (Fla. 3d DCA 1984) (unrefuted explanation that juvenile had borrowed stolen automobile from his stepfather); R.D.S. v. State, 446 So. 2d 1181 (Fla. 3d DCA 1984) (unrefut-ed explanation that juvenile had purchased stolen property in damaged condition from a boy named Rodney Middleton); and R.A.L. v. State, 402 So. 2d 1337 (Fla. 3d DCA 1981) (juvenile’s unrefuted explanation that he bought stolen Moped at a flea market).

The state argues that the reasonableness of appellant’s explanation is a jury question. Thus, in State v. Carroll, 404 So. 2d 844 (Fla. 5th DCA 1981), in which the defendant stated that he obtained the stolen record player from an individual named “Johnny” the day before he sold it, the court said:

[T]he question as to whether the appellant knew the record player was stolen is a jury question once the state proves the appellant was in possession of the recently stolen property. The law has provided a presumption of fact. Possession of recently stolen property gives rise to the presumption the possessor knew or should have known the goods are stolen. Sec. 812.022, Fla.Stat. (1979). Edwards v. State, 381 So. 2d 696 (Fla.1980). Thus in order to establish the criminal liability of the appellee it is necessary for the state only to prove the item was stolen and the accused was dealing in it. Once that is established then it is up to the accused to give a reasonable explanation for his having possessed and sold it, if he is to escape conviction. It is up to the trier of the facts, not the judge on summary judgment, to determine 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 unrefuted, and there is no other evidence of guilt, the court must direct a judgment of acquittal. If, on the other hand, the explanation is only arguably reasonable or if there is any evidence which places it in doubt, the court should permit the jury to make the decision. We find that appellant’s case falls in the latter category.

Appellant, whose credibility was impeached by his admission that he had been convicted of three prior felonies, was found trying to sell the stolen items just a few hours after they had been stolen. To accept appellant’s explanation, it would have to be assumed that someone went to the trouble to steal the sailboat parts from fenced-in premises and yet discarded them in a dumpster shortly thereafter. Moreover, the appellant provided no corroboration for his statement that he was in the junk business. The jury was entitled to conclude that appellant’s explanation was unsatisfactory.

Affirmed.

SCHOONOVER, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (20 total)

  • Blackmon v. State, 121 So. 3d 535 (Fla. 2013)
    …dence to support Blackmon’s dealing in stolen property conviction, and that such evidence was inconsistent with any reasonable hypothesis of innocence. We note the similar facts and the conclusion reached by the Second District in Coleman v. State, 466 So. 2d 395 (Fla. 2d DCA 1985): [The defendant], whose credibility was impeached by his admission that he had been convicted of three prior felonies, was found trying to sell the stolen items just a few hours after they had been stolen. To accept [the defendan…
  • Jackson v. State, 736 So. 2d 77 (Fla. 4th DCA 1999)
    …d it knowing it to have been stolen.” Graham, 238 So. 2d at 621. Jackson’s explanation for possession was more than only “arguably reasonable” and there was no evidence introduced by the state to place the explanation in doubt. See Coleman v. State, 466 So. 2d 395, 397 (Fla. 2d DCA 1985). No evidence indicated that the Cadillac could not have been altered within 20 hours of its taking, a fact that would have made it improbable that Jackson could have seen the car for sale on Sunday, August 17. There was a VTN…
  • Donnie Smith v. State, 742 So. 2d 352 (Fla. 5th DCA 1999)
    …n must be unsatisfactory. N.C. v. State, 478 So. 2d 1142 (Fla. 1st DCA 1985). The reasonableness of the defendant’s explanation is generally a question of fact for the jury. Boone v. State, 711 So. 2d 594, 596 (Fla. 1st DCA 1998); Coleman v. State, 466 So. 2d 395, 397 (Fla. 2d DCA 1985). But where a reasonable explanation for possession of recently stolen property is totally unrefuted, and there is no other evidence of guilt, the court must grant a directed verdict for the defendant. Coleman at 397. The init…

Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited (11 total)

View all 11 cited authorities →

Full citator, related cases, and AI research tools

Open in FLexlaw