STATE OF FLORIDA, PETITIONER,
v.
R.L.B., A JUVENILE, RESPONDENT
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OVERTON, Justice.
The State of Florida petitions this Court to review R.L.B. v. State, 562 So. 2d 739 (Fla. 3d DCA 1990), in which the Third District Court of Appeal reduced the trial court’s finding of delinquency from third-degree grand theft to the lesser offense of trespass to a conveyance, relying on the “controlling and indistinguishable authority of G.C. v. State, 560 So. 2d 1186 (Fla. 3d DCA 1990).” 562 So. 2d at 739. The district court also certified conflict with D.N. v. State, 529 So. 2d 1217 (Fla. 1st DCA), review dismissed, 537 So. 2d 568 (Fla.1988).1
We recently resolved the conflict by our decision in State v. G.C., 572 So. 2d 1380 (Fla.1991), which approved the Third District Court of Appeal’s decision in G.C. v. State. Because we have resolved the conflict in a manner consistent with this case, the petition for review is dismissed.
It is so ordered.
SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur. NO MOTION FOR REHEARING WILL BE ALLOWED.
. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
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Citator
Cited By
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Jones v. State, 666 So. 2d 960 (Fla. 3d DCA 1996)…, 562 So. 2d 724 (Fla. 3d DCA 1990); G.C. v. State, 560 So. 2d 1186 (Fla. 3d DCA 1990), affd, 572 So. 2d 1380 (Fla. 1991); see also E.W. v. State, 560 So. 2d 388 (Fla. 3d DCA 1990); R.L.B. v. State, 562 So. 2d 739 (Fla. 3d DCA 1990), rev. dismissed, 575 So. 2d 651 (Fla. 1991). . For example, a person may unlawfully ''obtain” or "use” a motor vehicle, within the meaning of Section 812.014(1), Florida Statutes (1991), by towing the vehicle away without ever having entered or remained in the vehicle. Such a tow…
Authorities Cited
- State v. G.C., 572 So. 2d 1380 (Fla. 1991)
- G.C. v. State, 560 So. 2d 1186 (Fla. 3d DCA 1990)
- In the Interest of D.N. v. State, 529 So. 2d 1217 (Fla. 1st DCA 1988)
- R.L.B. v. State, 562 So. 2d 739 (Fla. 3d DCA 1990)
- Cuminale v. Great Oaks Cas. Ins. Co., 562 So. 2d 739 (Fla. 3d DCA 1990)