ROSA LEE CLARK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Uttering A Forgery cases and more on FLexlaw
PER CURIAM.
Rosa Lee Clark (Clark) was found guilty by a jury of one count of forgery, one count of uttering a forgery, and one count of grand theft. We reverse the conviction for forgery and affirm the convictions for uttering a forgery and grand theft.
It was alleged at trial that Clark forged and cashed a check that belonged to the victim, Gladys McMillon. Clark was identified from a videotape of the transaction as the person presenting and cashing the forged check. However, there was no evidence of any description with respect to who had forged the check. Although the evidence was sufficient to show that the check was forged and that Clark uttered a forgery, the evidence was insufficient to show that Clark was the person who committed the crime of forgery.
Accordingly, we reverse Clark’s conviction for forgery. We affirm in all other respects. AFFIRMED in part and REVERSED in part.
ERVIN, LAWRENCE and BROWNING, JJ, CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Watkins v. State, 826 So. 2d 471 (Fla. 1st DCA 2002)…sed the appellants’ forgery convictions because the State failed to produce sufficient evidence to prove that the appellants committed forgery as to stolen checks. See Barge v. State, 747 So. 2d 481, 481 (Fla. 1st DCA 2000); see also Clark v. State, 737 So. 2d 634, 634 (Fla. 1st DCA 1999). If the State had proceeded only on the forgery charge, instead of then averring that appellant was a principal to such charge, both Barge and Clark would be controlling because the State failed to present any evidence that…
-
Barge v. State, 747 So. 2d 481 (Fla. 1st DCA 2000)…owing that they were forged. While the evidence was sufficient to prove that appellant uttered the nine forged checks and committed grand theft, the evidence was insufficient to prove that appellant forged any of the nine checks. See Clark v. State, 737 So. 2d 634 (Fla. 1st DCA 1999). We therefore reverse the forgery convictions, but affirm in all other respects. AFFIRMED in part and REVERSED in part. JOANOS, MINER and DAVIS, JJ., CONCUR.…