Florida District Courts of Appeal, 1969

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided January 7, 1969 · Carroll, Hendry, Pearson
217 So. 2d 337; 1969 Fla. App. LEXIS 6340 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

The appellant was tried by the court, convicted of larceny of an automobile, and sentenced to two years in prison.

Smith contends that except for his confession, there is insufficient evidence to sustain his conviction. He relies on Hodges v. State, Fla.1965, 176 So.2d 91, in which the Supreme Court of Florida held that a larceny conviction could not be sustained *338if “the fact that the crime of larceny had occurred could not be established by the other evidence introduced without the aid of the admission [of the defendant-appellant].” But the foregoing rule is of no avail to the appellant because the state’s evidence other than the confession established a prima facie case of larceny against the appellant and also proved beyond a reasonable doubt that he committed larceny. Therefore, the judgment of conviction must be affirmed. See Hodges v. State, above. Cf. Ortiz v. State, Fla.App.1968, 212 So.2d 57.

Affirmed.

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