EILEEN A. NECE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BLUE, Judge.
Eileen A. Nece appeals her conviction for obtaining services and property in return for a worthless check, a third-degree felony under section 832.05(4), Florida Statutes (1993). We agree with her argument that the conviction must be reduced to a misdemeanor because there was no evidence that an offer of payment by check induced the services rendered. See Strickland v. State, 559 So. 2d 1288, 1289 (Fla. 2d DCA 1990) (holding evidence insufficient to sustain felony conviction when the State failed to prove that “the check was the inducement for the furnishing of goods or services”). Accordingly, we reverse the felony conviction. On remand, the trial court shall enter a misdemeanor conviction under section 832.05(2) and resentence accordingly.
SCHOONOVER, A.C.J., and FULMER, J., concur.
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Citator
Cited By
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Duncan v. State, 135 So. 3d 361 (Fla. 5th DCA 2014)…rickland, the court found that a felony conviction could not be sustained under section 832.05 because there was “no indication that the offer of payment by check preceded the services rendered.” Strickland, 559 So. 2d at 1289; accord Nece v. State, 683 So. 2d 622, 622 (Fla. 2d DCA 1996) (holding that “the conviction must be reduced to a misdemeanor because there was no evidence that an offer of payment by check induced the services rendered”). As in Strickland and Helms, the evidence in the instant ease did…
Authorities Cited
- Strickland v. State, 559 So. 2d 1288 (Fla. 2d DCA 1990)