DONALD COESTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the circumstantial evidence was insufficient to exclude all reasonable hypotheses of innocence for the grand theft conviction.
[1] A conviction based solely on circumstantial evidence cannot be sustained if the evidence is inconsistent with any reasonable hypothesis of innocence.
[2] The trial court must review the evidence to determine if competent evidence exists from which a jury could infer guilt to the exclusion of all other inferences.
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Join FLexlaw to unlock all legal intelligenceDonald Coester was charged with grand theft for allegedly stealing $50,000 from Sherman Adcock, who was seeking financing. Coester was to secure a let…
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PER CURIAM.
Donald Coester appeals from a conviction of grand theft in the first degree. He raises two points on appeal, the sufficiency of the circumstantial evidence presented against him, and the admissibility of Coes-ter’s financial statement. We reverse as to the first point thus rendering the second point moot.
Coester was charged, along with Roosevelt Jones, of having stolen $50,-000.00 from Sherman Adcock. Jones had not been apprehended at the time of Coes-ter’s trial. The state’s case-in-chief consisted of the testimony of two witnesses: Sherman Adcock and Jim Smith, Adcock’s accountant. Coester testified on his own behalf. The facts of this case are largely undisputed.
Adcock, a Texas businessman, had contacted a trust in Houston, seeking financing for his business. The trust placed him in touch with Coester in Fort Lauderdale. Coester had worked in the finance industry for fourteen years, and at that time was working as a consultant and investor for Turnkey Bonding, a business operated by Roosevelt Jones. Adcock was told by both Coester and Jones that in order to secure a letter of credit from a bank in Switzerland, Adcock would have to forward a $100,-000.00 good faith deposit to Turnkey Bonding’s escrow account at Barnett Bank. Coester and Adcock agreed that if Coester was successful in securing the letter of credit for Adcock, Coester would receive a fee plus an equity interest in Adcock’s business.1
Adcock transferred $50,000.00 to Turnkey Bonding’s account in late July of 1987. Coester was not a signor on the account, nor was he able to withdraw any funds from the account. After this deposit, Coes-ter began drafting the letter of credit. Ad-cock was told by his bank in Texas that if the wording of the letter of credit could be acceptable or could be changed or altered to meet their requirements, then that bank would fund the letter of credit. Coester completed an initial draft of the letter of credit, which Adcock’s Texas bank found unsatisfactory. He continued to work on the drafting, and in early August, met with Adcock and Smith. At that meeting, Smith requested and was given Coester’s financial statement, which Smith then showed to Adcock. Adcock and Smith were unable to verify some of the information in Coester’s financial statement.
Approximately two months later, Adcock contacted Jones in an attempt to secure the return of his $50,000.00. By this time, Coester had become dissatisfied with Jones after having learned that Jones was attempting to secure a letter of credit for Adcock from a woman who was being investigated by the Federal Bureau of Investigation. It was undisputed that Coester notified Adcock of the woman’s background and contacted Jones himself in an attempt to secure the return of Adcock’s money.
The appellant argues that the circumstantial evidence adduced at trial was insufficient to support a verdict of guilty of grand theft. We agree.
Intent is an essential element of the crime of theft. Section 812.014(1), Florida Statutes (1986). It is generally true that intent “is often not subject to direct proof and can only be inferred from circumstances.” Jones v. State, 192 So. 2d 285, 286 (Fla. 3d DCA 1966). Proof of Coester’s intent consisted entirely of circumstantial evidence.
The Florida Supreme Court has noted: A special standard of review of the sufficiency of the evidence applies where a conviction is wholly based on circumstantial evidence. Jaramillo v. State, 417 So. 2d 257 (Fla.1982). Where the only proof of guilt is circumstantial, no matter how strongly the evidence may suggest guilt, a conviction cannot be sustained unless the evidence is inconsistent with any reasonable hypothesis of innocence. McArthur v. State, 351 So. 2d 972 (Fla.1977); Mayo v. State, 71 So. 2d 899 (Fla.1954). The question of whether the evidence fails to exclude all reasonable hypotheses of innocence is for the jury to determine, and where there is substantial, competent evidence to support the jury verdict, we will not reverse. Heiney v. State, 447 So. 2d 210 (Fla.), cert. denied, 469 U.S. 920, 105 S.Ct. 303, 83 L.Ed.2d 237 (1984); Rose v. State, 425 So. 2d 521 (Fla.1982), cert. denied, 461 U.S. 909, 103 S.Ct. 1883, 76 L.Ed.2d 812 (1983), disapproved on other grounds, Williams v. State, 488 So. 2d 62 (Fla.1986).
State v. Law, 559 So. 2d 187, 188 (Fla.1989).
Here, the evidence adduced at trial, failed to exclude the reasonable hypothesis that Coester actively sought a letter of credit for Adcock, anticipating a sizeable fee for his work, unaware that Jones was removing money from the Turnkey Bonding account which Jones himself controlled. We acknowledge that the question of whether the evidence fails to exclude all reasonable hypotheses of innocence is for the jury. However, the trial judge is charged with reviewing the evidence “to determine the presence or absence of competent evidence from which the jury could infer guilt to the exclusion of all other inferences.” Id. at 189. Finding that the state failed to meet its threshold burden of introducing competent evidence which was inconsistent with the defendant’s theory of events, we find that the court erred in failing to grant Coester’s motion for judgment of acquittal. Id.
REVERSED AND REMANDED WITH DIRECTIONS TO DISCHARGE DEFENDANT.
HERSEY, C.J., and GLICKSTEIN and POLEN, JJ., concur. . Testimony revealed that Adcock was seeking a letter of credit for between $2,000,000.00 and $10,000,000.00, and Coester's fee, (½-1%), would have ranged between $10,000.00 and $100,000.00 plus the equity interest in Adcock's business.
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Sewall v. State, 783 So. 2d 1171 (Fla. 5th DCA 2001)…ing Rosen v. Marlin, 486 So. 2d 623 (Fla. 3d DCA 1986)). Because intent to commit the theft usually cannot be proven by direct evidence, the intent may be inferred from the circumstances surrounding the illegal act. See id. (citing Coester v. State, 573 So. 2d 391 (Fla. 4th DCA 1991)). However, the circumstantial evidence must exclude every reasonable hypothesis but that of guilt. See Szilagyi v. State, 564 So. 2d 644, 646 (Fla. 4th DCA 1990) (citing Gitman v. State, 482 So. 2d 367 (Fla. 4th DCA 1985)). Notwi…
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Iglesias v. State, 676 So. 2d 75 (Fla. 3d DCA 1996)…486 So. 2d 623 (Fla. 3d DCA), rev. denied, 494 So. 2d 1151 (Fla.1986). Because intent to commit the theft usually cannot be proven by direct evidence, such intent may be inferred from the circumstances surrounding the illegal act. Coester v. State, 573 So. 2d 391 (Fla. 4th DCA 1991). Turning to the circumstances here, the defendant’s failure to disclose that he was not a licensed contractor coupled with his subsequent attempt to secure a contractor’s license clearly evidences an intentional felonious misrep…
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Johnson v. State, 634 So. 2d 1144 (Fla. 4th DCA 1994)…for self-defense. We found no case that directly addressed this question. However, circumstantial evidence is admissible to prove other states of mind, such as intent and premeditation. Phippen v. State, 389 So. 2d 991 (Fla.1980); Coester v. State, 573 So. 2d 391 (Fla. 4th DCA 1991); Cooper v. Wainwright, 308 So. 2d 182 (Fla. 4th DCA), cert. dismissed, 312 So. 2d 761 (Fla.1975). Therefore, it seems logical that a jury might also reasonably infer from the circumstantial evidence presented that appellant had…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (12 total)
- State v. Ronnie S. LAW, 559 So. 2d 187 (Fla. 1989)
- Nadean O. McARTHUR v. State, 351 So. 2d 972 (Fla. 1977)
- Heiney v. State, 447 So. 2d 210 (Fla. 1984)
- Rose v. State, 425 So. 2d 521 (Fla. 1982)
- Mayo v. State, 71 So. 2d 899 (Fla. 1954)
- Anibal Jaramillo v. State, 417 So. 2d 257 (Fla. 1982)
- Williams v. State, 488 So. 2d 62 (Fla. 1986)
- Ring v. Oklahoma, 461 U.S. 909 (U.S. 1983)
- Edwards v. United States, 461 U.S. 909 (U.S. 1983)
- Garrison v. Hudson, 469 U.S. 920 (U.S. 1984)