KEITH DAWSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2011-08-09
No. 1D10-1943
PADOVANO, LEWIS, and THOMAS, JJ., concur.
66 So. 3d 1077 Florida District Court of Appeal, First District (2011) Positive Treatment
Cited by 11 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant Keith Dawson appeals his convictions for dealing in stolen property and false verification of ownership on a pawnbroker transaction form. He contends that the trial court erred in instructing the jury on the inference arising from selling property below fair market value. The instruction given accurately states the law, but there is no evidence in the record *1078of the fair market value. We are compelled by our prior decision in a nearly identical case to find that this was error. See, Barfield v. State, 613 So.2d 507, 508 (Fla. 1st DCA 1993). Because we are unable to say the error was harmless, we reverse.

REVERSED.

PADOVANO, LEWIS, and THOMAS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By

  • Thompson v. State, 83 So. 3d 1002 (Fla. 1st DCA 2012)
    …rder of revocation to specify the condition of probation appellant violated. The revocation order states that he violated all of the conditions alleged, but the record shows that the state had dropped two of the three charges. See Nickolas v. State, 66 So. 3d 1077 (Fla. 1st DCA 2011). WOLF, PADOVANO, and MARSTILLER, JJ., concur.…
  • Fowler v. State, 79 So. 3d 868 (Fla. 1st DCA 2012)
    …formal, written order of revocation of probation in the other. In case number 09-260, the [*869] order fails to specify the new law offenses that led to the revocation of Appellant’s probation. Therefore, it must be corrected. See Nickolas v. State, 66 So. 3d 1077, 1077 (Fla. 1st DCA 2011) (affirming but remanding for entry of a revocation order conforming to the trial court’s oral pronouncements). In case number 09-213, the trial court neglected to enter an order revoking Appellant’s probation, even though t…
  • Williams v. State, 138 So. 3d 1102 (Fla. 1st DCA 2014)
    …tions. The revocation order provides, however, that Appellant violated the conditions of his probation as alleged in the September 18, 2012, affidavit. We, therefore, remand for the trial court to correct the revocation order. See Nickolas v. State, 66 So. 3d 1077 (Fla. 1st DCA 2011) (affirming a judgment and sentence in an Anders appeal but remanding for the court to correct revocation order which erroneously based revocation on all five new law violations charged where court only found evidence supported 1…

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