STEVEN SALZMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DANAHY, Acting Chief Judge.
In this appeal we are confronted by the following question which has been answered differently by two district courts of appeal: Can a defendant who steals blank checks, forges the signature required, and presents them for payment, be convicted of dealing in stolen property, where he is also convicted of uttering a forged instrument based on the same checks? Sections 812.-019 and 831.02, Fla.Stat. (1989). Dixon v. State, 541 So. 2d 637 (Fla. 1st DCA 1989), has answered the question in the affirmative. State v. Camp, 579 So. 2d 763 (Fla. 5th DCA 1991), jurisdiction accepted, 587 So. 2d 1329 (Fla.1991), has replied in the negative. We answer the question in the affirmative, thus aligning ourselves with the First District in Dixon, and adopt the analysis set forth in the majority opinion there. In so doing we are in conflict with Camp which is presently pending review in the Supreme Court of Florida.
We affirm the appellant’s convictions and sentences.
CAMPBELL and HALL, JJ., concur.
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Stamps v. State, 620 So. 2d 1033 (Fla. 2d DCA 1993)…of the “boundaries” of the school, that is, within 1,000 feet of the school area consisting of contiguous tracts owned by the school, none of which were separated from one another by any intervening tract having a different owner. See Lyon v. State, 591 So. 2d 1107 (Fla. 4th DCA 1992). However, our review of the record establishes the lack of an evidentiary basis for such an inference. At best, the evidence merely shows that the purchase was made within 1,000 feet of a parking lot owned by the school. Under t…
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Salzman v. State, 601 So. 2d 225 (Fla. 1992)…PER CURIAM. We have for review Salzman v. State, 591 So. 2d 1107 (Fla.2d DCA 1992), based on asserted direct and express conflict with State v. Camp, 579 So. 2d 763 (Fla. 5th DCA 1991), approved, 596 So. 2d 1055 (Fla.1992).* Because we recently approved the Fifth District’s decision in Camp, we quash the decis…
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Ponton v. State, 616 So. 2d 590 (Fla. 3d DCA 1993)…PER CURIAM. Affirmed. Bruce v. State, 616 So. 2d 504 (Fla. 3d DCA 1993); Lyon v. State, 591 So. 2d 1107 (Fla. 4th DCA 1992); see Wester v. State, 141 Fla. 374, 193 So. 303 (Fla.1938); Lindberg v. State, 134 Fla. 786, 184 So. 662 (Fla.1938); Everett v. State, 579 So. 2d 394 (Fla. 3d DCA 1991).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Camp, 579 So. 2d 763 (Fla. 5th DCA 1991)
- Dixon v. State, 541 So. 2d 637 (Fla. 1st DCA 1989)