CINDY SIMA SCHLANGEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that evidence of being a passenger in a stolen vehicle, even with knowledge, is insufficient for a grand theft conviction. The convictions for assault and battery on an officer are affirmed.
The appellant was a passenger in a truck that was likely stolen. The State conceded the evidence was insufficient to support the grand theft convictio…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Grand Theft Of A Motor Vehicle cases and more on FLexlaw
PATTERSON, Judge.-
Cindy Schlangen appeals from her judgment and sentence for aggravated assault on an officer, battery on an officer, obstructing an officer with violence, and grand theft of a motor vehicle. We vacate her conviction and sentence for grand theft and affirm the remaining convictions.
At trial, the State proved that Mrs. Schlangen was a passenger in a truck which she probably knew was stolen. As the State concedes, this evidence was insufficient to support the grand theft conviction. “A person who is a passenger in a vehicle after the vehicle has been stolen, even if he knows the vehicle is stolen, cannot be convicted of grand theft.” Clayton v. State, 642 So. 2d 53 (Fla. 2d DCA 1994). Therefore, we vacate the conviction and sentence for grand theft of a motor vehicle and remand for resentencing on the remaining convictions, if appropriate.1 Affirmed in part, reversed in part, and remanded.
PARKER, C.J., and DAVIS, J., Concur. . Our record does not contain Mrs. Schlan-gen's sentencing guidelines scoresheet. Thus, we do not know whether vacating the grand theft conviction will affect the length of her sentence on the other convictions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Canady v. State, 813 So. 2d 161 (Fla. 2d DCA 2002)…1999). See A.J.R. v. State, 726 So. 2d 326, 327 (Fla. 2d DCA 1999). An individual who is a passenger in a vehicle after the vehicle has been stolen, even with knowledge that it has been stolen, cannot be convicted of grand theft. Schlangen v. State, 735 So. 2d 581, 581 (Fla. 2d DCA 1999). We also agree with Canady’s argument that his conviction for grand theft cannot be reduced to a conviction for tres [*162] pass of a conveyance because the charging document did not allege the necessary elements. The infor…
-
J. A. H. v. State (Fla. 2d DCA 2019)…vehicle required reversal); Canady, 813 So. 2d at 161 ("An individual who is a passenger in a vehicle after the vehicle has been stolen, even with knowledge that it has been stolen, cannot be convicted of grand theft." (citing Schlangen v. State, 735 So. 2d 581, 581 (Fla. 2d DCA 1999))); A.J.R. v. State, 726 So. 2d 326, 327 (Fla. 2d DCA 1999) ("Concerning the grand theft charge, . . . the evidence at best established that [A.J.R.] was a passenger in a previously-stolen vehicle. This fact was insufficie…
Authorities Cited
- Clayton v. State, 642 So. 2d 53 (Fla. 2d DCA 1994)