Florida District Courts of Appeal, 1996

Nece v. State

Florida District Courts of Appeal · Decided November 22, 1996 · Blue, Fulmer, Schoonover

683 So. 2d 622; 1996 Fla. App. LEXIS 12428; 1996 WL 673342 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Duncan v. State (Fla. Dist. Ct. App. 2014)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BLUE, Judge.

Eileen A. Nece appeals her conviction for obtaining services and property in return for a worthless check, a third-degree felony under section 832.05(4), Florida Statutes (1993). We agree with her argument that the conviction must be reduced to a misdemeanor because there was no evidence that an offer of payment by check induced the services rendered. See Strickland v. State, 559 So.2d *6231288, 1289 (Fla. 2d DCA 1990) (holding evidence insufficient to sustain felony conviction when the State failed to prove that “the check was the inducement for the furnishing of goods or services”). Accordingly, we reverse the felony conviction. On remand, the trial court shall enter a misdemeanor conviction under section 832.05(2) and resentence accordingly.

SCHOONOVER, A.C.J., and FULMER, J., concur.

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