G.R., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1990-07-10
No. 89-2560
Before HUBBART, NESBITT and BASKIN, JJ.
564 So. 2d 207 Florida District Court of Appeal, Third District (1990) Positive Treatment
Cited by 2 cases

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Synopsis

G.R., a juvenile, was adjudicated delinquent for theft and uttering forged travelers checks. The appellate court affirmed the adjudications but struck the restitution requirement, finding that American Express suffered no loss when the defendant could not successfully cash the altered checks.


Holding

The adjudications for theft and uttering forged instruments are affirmed because the evidence was sufficient, as G.R. admitted knowledge of the altered checks and provided an incredible explanation. The restitution order is reversed and stricken because American Express suffered no loss—the original purchaser had already been refunded, and G.R. failed to successfully cash the checks.


Headnotes

[1] A trial court is privileged to reject a defendant's explanation for their actions if the explanation is vague and the defendant concedes awareness of the altered characte…

[2] Evidence is sufficient to sustain adjudications for theft and uttering forged instruments when the defendant attempts to cash stolen and altered checks and provides an un…

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Key Quotes

“the trial court was privileged to reject this explanation for the respondent's action in attempting to cash the subject travelers checks as not being worthy of belief because (a) the explanation was extremely vague as to the exact identity and address of the persons from whom he received the checks, as well as the date, time, and other circumstances under which the checks were received, and (b) the respondent conceded that he was aware that the signature at the top of the checks had been erased when he signed his name over such erased signatures”

Establishes why the trial court could credibly reject the defendant's defense and sustain the theft and forgery adjudications

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Facts & Procedural History

G.R. attempted to cash two stolen American Express travelers checks at the American Express Office in Miami. The original signatures on both checks ha…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal by the respondent G.R. from (1) juvenile delinquency adjudications for theft and uttering two forged instruments, and (2) a dispositional order placing the respondent on community control with a special condition that $70 in restitution be made. We affirm with one modification.

First, we reject the respondent’s contention that the trial court erred in denying his motion for judgment of acquittal as to the theft and uttering a forged instrument charges. The state established below that the respondent attempted to cash two stolen American Express travelers checks at the American Express Office in Miami; the original signatures at the top of both checks had been erased and the defendant’s name appeared over the top of the original signature. The respondent cryptically claimed at trial that he had no knowledge that the travelers checks were stolen, that he had received the checks from an alleged friend who in turn had received them from the alleged friend’s stepfather, that he passed the checks for his alleged friend to buy sneakers and clothes, and that the travelers checks were blank when received. Clearly, the trial court was privileged to reject this explanation for the respondent’s action in attempting to cash the subject travelers checks as not being worthy of belief because (a) the explanation was extremely vague as to the exact identity and address of the persons from whom he received the checks, as well as the date, time, and other circumstances under which the checks were received, and (b) the respondent conceded that he was aware that the signature at the top of the checks had been erased when he signed his name over such erased signatures, and, consequently, was well aware of their altered, dubious character. This being so, the evidence adduced below was clearly sufficient to sus tain the adjudications under review. Coleman v. State, 466 So. 2d 395 (Fla. 2d DCA 1985); Ridley v. State, 407 So. 2d 1000 (Fla. 5th DCA 1981); § 812.022(2), Fla.Stat. (1989).

Second, we accept the state’s confession of error that the trial court committed reversible error in ordering the respondent to pay American Express $70 in restitution. This is so because, without dispute, American Express did not lose any money in this case. The original purchaser of the two travelers checks paid American Express $70 for the subject checks and was refunded this money when the checks were stolen; the respondent was unable to cash these two checks when he uttered them on the day in question, and therefore American Express did not pay any money on these checks and suffered no loss thereon. Obviously, then, the subject order of restitution cannot stand as restitution cannot be ordered under Section 39.11(l)(f), Florida Statutes (1989) where, as here, there has been no loss sustained by anyone.

The juvenile delinquency adjudication and dispositional order under review are affirmed — save for that portion of the dis-positional order requiring restitution to American Express in the amount of $70, which is hereby stricken.

Affirmed as modified.


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Citator

Cited By

  • Mills v. State, 777 So. 2d 452 (Fla. 4th DCA 2001)
    …PER CURIAM. Affirmed. See G.R. v. State, 564 So. 2d 207 (Fla. 3d DCA 1990); J.N.W. v. State, 361 So. 2d 826 (Fla. 1st DCA 1978). STEVENSON, GROSS and HAZOURI, JJ., concur.…

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