RAY GARRETT EAGLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A judgment for receiving stolen property is defective if it fails to recite that the property was received with knowledge of its stolen character.
Appellant was convicted of receiving stolen property. The judgment failed to include the essential element that the property was received with knowled…
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Appellant-defendant, Ray Garrett Eagle, was charged by information with receiving stolen property, tried by jury, convicted, adjudged guilty by the court and sentenced to a term of imprisonment. Hence this appeal. The thrust of the appeal is that the judgment is defective and the imposition of sentence illegal.
The judgment failed to recite that appellant received the property with knowledge of its stolen character. Such a judgment is defective in omitting a material element of the offense as charged. Mathis v. State, 134 Fla. 352, 184 So. 89 (1938); Biesendorfer v. State, 227 So.2d 322 (Fla.App.1969).
Accordingly, the judgment is reversed and the sentence is vacated and set aside, and the cause remanded for entry of judgment consistent with the views herein expressed and imposition of sentence as the justice of the cause shall require.1
Reversed and remanded.
WALDEN, CROSS and MAGER, JJ., concur.
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Citator
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Spurlock v. State, 281 So. 2d 586 (Fla. 4th DCA 1973)…o. 2d 322. There is merit to defendant’s second appellate point, which challenges the failure of the judgment to recite knowledge on defendant’s part. We reverse and remand on authority of Biesendorfer v. State, supra; Eagle v. State, Fla.App.1972, 270 So. 2d 468; Myers v. State, Fla.1934, 115 Fla. 627, 155 So. 797, with directions to the trial court to enter a proper judgment. There is no merit to defendant’s third point. Reversed and remanded, with directions. OWEN, C. J., and WALDEN and CROSS, JJ., con…
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Grover Cleveland Tadlock v. State, 343 So. 2d 961 (Fla. 1st DCA 1977)…ON, ERNEST E., Retired Associate Judge, concur. . Anderson v. State, 338 So. 2d 209 (Fla. 3d DCA 1976). Also see Spurlock v. State, 281 . So. 2d 586 (Fla. 4th DCA 1973); Biesendorfer v. State, 227 So. 2d 322 (Fla. 4th DCA 1969); and Eagle v. State, 270 So. 2d 468 (Fla. 4th DCA 1972).…
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Kirkland v. State, 357 So. 2d 766 (Fla. 1st DCA 1978)…property was stolen at the time he received it. Likewise the judgment which is, as required, the same as the verdict, also fails to state that appellant received the property with knowledge of its stolen character, and is defective. Eagle v. State, 270 So. 2d 468 (Fla. 4th DCA 1972); Tadlock v. State, 343 So. 2d 961 (Fla. 1st DCA 1977), both cases in which the cause was remanded for entry of a corrected judgment. In Russo v. State, 340 So. 2d 1273 (Fla. 4th DCA 1976), the court held that a judgment adjudicat…
Authorities Cited
- North Carolina v. Pearce, 395 U.S. 711 (U.S. 1969)
- Mathis v. State, 134 Fla. 352 (Fla. 1938)
- Biesendorfer v. State, 227 So. 2d 322 (Fla. 4th DCA 1969)