STATE OF FLORIDA, APPELLANT,
v.
DARREN JAMES NESTA, APPELLEE
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PER CURIAM.
Appellee, Darren James Nesta, was charged with dealing in stolen property under section 812.019, Florida Statutes (1991). Appellee admitted stealing jewelry and selling it to a pawnbroker. He allegedly committed these acts to obtain money to buy food and intended to repurchase the items from the pawn shop. The trial court granted his motion to dismiss based on his argument that he had not violated the statute because he stole the item for his own personal use and did not intend to place the stolen property into the stream of commerce.
We agree with the state that the charge should not have been dismissed. One who attempts to sell or sells stolen goods to a pawnbroker is not using the stolen items for his own personal use but has met the statutory requirements for dealing in stolen property. State v. Camp, 579 So. 2d 763 (Fla. 5th DCA1991), approved, 596 So. 2d 1055 (Fla.1992); Bailey v. State, 559 So. 2d 742 (Fla. 1st DCA1990). We reverse and remand for reinstatement of the charge.
Reversed and remanded.
CAMPBELL, A.C.J., and SCHOONOVER and HALL, JJ., concur.
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Blackmon v. State, 121 So. 3d 535 (Fla. 2013)…of chapter 812, Florida Statutes, even if the normal use is achieved by some form of transfer, distribution, dispensation, or disposition of the item. Id. (quoting Grimes v. State, 477 So. 2d 649, 650 (Fla. 1st DCA 1985)); see also State v. Nesta, 617 So. 2d 720, 721 (Fla. 2d DCA 1993) (“One who attempts to sell or sells stolen goods to a pawnbroker is not using the stolen items for his own personal use but has met the statutory requirements for dealing in stolen property.”). As to the dealing in stolen pro…
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Allwine v. State, 978 So. 2d 272 (Fla. 4th DCA 2008)…if the normal use is achieved by some form of transfer, distribution, dispensation, or disposition of the item. Id. at 1057. Here, however, there has been a “transfer” as contemplated by the dealing in stolen property statute. See State v. Nesta, 617 So. 2d 720 (Fla. 2d DCA 1993) (holding that, “[o]ne who attempts to sell or sells stolen goods to a pawnbroker is not using the stolen items for his own personal use but has met the statutory requirements for dealing in stolen property.”); accord State v. Holc…
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State v. Holcomb, 627 So. 2d 127 (Fla. 5th DCA 1993)…inst David Floyd Holcomb. These counts alleged that Holcomb trafficked in stolen property by pawning items previously stolen by him. We vacate the order dismissing the three counts. Neither of the parties considered the decision in State v. Nesta, 617 So. 2d 720 (Fla. 2d DCA 1993) which is dispositive of the issue on appeal. The district court held that “[o]ne who attempts to sell or sells stolen goods to a pawnbroker is not using the stolen items for his own personal use but has met the statutory requireme…
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- State v. Camp, 596 So. 2d 1055 (Fla. 1992)
- State v. Camp, 579 So. 2d 763 (Fla. 5th DCA 1991)
- Bailey v. State, 559 So. 2d 742 (Fla. 1st DCA 1990)