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Florida District Courts of Appeal, 1978

Newman v. State

Newman v. State
Florida District Courts of Appeal · Decided February 28, 1978 · Anstead, Dauksch, Moore
361 So. 2d 731; 1978 Fla. App. LEXIS 15004 (Southern Reporter, Second Series)

Newman v. State

Dissenting Opinion

DAUKSCH, Judge,

dissenting.

I respectfully dissent. While the defendant was properly tried and convicted of receiving stolen property the judgment suffers the same technical defect as the judgment in Spurlock v. State, 281 So.2d 586 (Fla. 4th DCA 1973) in that it fails to recite knowledge on the defendant’s part. Therefore, I would remand for the entry of a new proper judgment. Brinson v. State, 345 So.2d 780 (Fla. 4th DCA 1977).

Opinion of the Court

PER CURIAM.

AFFIRMED. Russo v. State, 340 So.2d 1273 (Fla. 4th DCA 1976).

ANSTEAD and MOORE, JJ., concur. DAUKSCH, J., dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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