JIMMY P. SPURLOCK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a defective jury verdict, failing to specify the value of stolen goods or the defendant's knowledge, can be waived by failure to object below. However, a judgment must properly recite the defendant's knowledge.
Defendant was convicted of buying, receiving, and concealing stolen property. The jury verdict was defective for failing to fix the value of the goods…
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Defendant was convicted of buying, receiving and aiding in the concealment of stolen property. He was sentenced to three years and appeals the judgment and sentence.
The jury verdict failed to fix the value of the stolen goods and to allege defendant knew the goods were stolen.
The verdict was defective because it failed to set value. Alvarez v. State, Fla.1918, 75 Fla. 286, 78 So. 272; Vaughn v. State, Fla.1941, 147 Fla. 12, 2 So.2d 122; both cases overruled on other grounds in Tidwell v. State, Fla.1942, 151 Fla. 333, 9 So.2d 630. As defendant concedes he failed to object below to the verdict, he failed to move for a new trial, and never attacked the verdict by a proper motion in arrest of judgment so that there is no reviewable judicial act; ergo, there is no merit to defendant’s first point on appeal. Biesendorfer v. State, Fla.App.1969, 227 So.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., concur.
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Windhurst v. State, 320 So. 2d 870 (Fla. 4th DCA 1975)…ted therein. We note however that the final judgment adjudicating appellant guilty of the crime of receiving stolen property fails to recite knowledge on the defendant’s part of the stolen character of the property. Spurlock v. State, Fla.App.1973, 281 So. 2d 586. Accordingly, the case is reversed and remanded to the trial court for entry of a proper judgment. Reversed and remanded with directions. CROSS, MAGER and DOWNEY, JJ., concur.…
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Anderson v. State, 338 So. 2d 209 (Fla. 3d DCA 1976)…urther find that the jury’s verdict is defective in that it failed to recite knowledge on the defendant’s part which is an essential element of the crime charged. See Myers v. State, 115 Fla. 627, 155 So. 797 (1934); Spurlock v. State, Fla.App.1973, 281 So. 2d 586 and cases cited therein. The verdict being a nullity, the judgment of conviction is reversed and the cause remanded for a new trial. See Myers, supra, at 798. We find the defendant’s remaining points on appeal to be without merit. Reversed and rem…
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Joseph H. Council v. State, 443 So. 2d 440 (Fla. 3d DCA 1984)…new the cheek he had received in payment for homosexual activities was worthless. See Myers v. State, 115 Fla. 627, 155 So. 797 (1934); Anderson v. State, 338 So. 2d 209 (Fla. 3d DCA 1976), cert. denied, 352 So. 2d 174 (Fla.1977); Spurlock v. State, 281 So. 2d 586 (Fla. 4th DCA 1973). The account on which the check was drawn had been closed, but the state did not call the [*441] drawer of the check as a witness. Thus, Council’s explanation that he believed the check to be good was unrefuted and constituted a…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Alvarez v. State, 75 Fla. 286 (Fla. 1918)
- Myers v. State, 115 Fla. 627 (Fla. 1934)
- Tidwell v. THE Cir. Court OF Desoto Cnty., 151 Fla. 333 (Fla. 1942)
- Vaughn v. State, 147 Fla. 12 (Fla. 1941)
- Biesendorfer v. State, 227 So. 2d 322 (Fla. 4th DCA 1969)
- Eagle v. State, 270 So. 2d 468 (Fla. 4th DCA 1972)