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Mohler v. State

District Court of Appeal of Florida, Second District
Apr 10, 1985
466 So. 2d 1233 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-2023.

April 10, 1985.

Appeal from the Circuit Court for Collier County, Hugh D. Hayes, J.

James Marion Moorman, Public Defender, and Michael E. Raiden, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


Defendant's conviction for dealing in stolen property is affirmed. His motion for discharge on speedy trial grounds was properly denied in that his prior counsel had requested a continuance. See State ex rel. Gutierrez v. Baker, 276 So.2d 470 (Fla. 1973).

There was sufficient evidence against defendant on the basis of which to deny his motion for directed verdict of acquittal, especially in view of the presumption under section 812.022(2), Florida Statutes (1983), that guilt can be inferred if it is shown that the accused was in possession of recently stolen property and the presumption under section 812.022(3), Florida Statutes (1983), that knowledge that property is stolen can be inferred if the accused sells the property for a sum considerably below market value, coupled with defendant's admission that he had suspected the property was stolen when he bought it for a very low price.

DANAHY, A.C.J., and LEHAN and HALL, JJ., concur.


Summaries of

Mohler v. State

District Court of Appeal of Florida, Second District
Apr 10, 1985
466 So. 2d 1233 (Fla. Dist. Ct. App. 1985)
Case details for

Mohler v. State

Case Details

Full title:GEORGE LEE MOHLER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 10, 1985

Citations

466 So. 2d 1233 (Fla. Dist. Ct. App. 1985)

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