From Casetext: Smarter Legal Research

State v. Dyer

District Court of Appeal of Florida, Second District
Oct 23, 1992
607 So. 2d 482 (Fla. Dist. Ct. App. 1992)

Summary

In State v. Dyer, 607 So.2d 482 (Fla. 2d DCA 1992), the defendants were charged with grand theft and financial exploitation of an aged person pursuant to section 415.111(5) for using high pressure sales tactics or fraudulent schemes to convince aged victims to pay exorbitant prices for emergency response systems.

Summary of this case from State v. Cuda

Opinion

Nos. 92-00385, 92-01248.

October 23, 1992.

Appeal from the Circuit Court, Pinellas County, W. Douglas Baird, J.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellant.

James D. Eckert of Belcher, Fleece Eckert, St. Petersburg, for appellee Dyer.

Herbert E. Gould, St. Petersburg, for appellee Longboat.


In these consolidated cases, the state appeals orders dismissing one count of a two-count complaint. In both cases, the defendants were charged with grand theft and financial exploitation of an aged person pursuant to section 415.111(5), Florida Statutes (1991). The trial court dismissed the charge of exploitation. We affirm.

The defendants allegedly have used high-pressure sales tactics or fraudulent schemes to convince older people to pay exorbitant prices for emergency response systems. Section 415.111(5) states:

A person who knowingly or willfully exploits an aged person or disabled adult by the improper or illegal use or management of the funds, assets, property, power of attorney, or guardianship of such aged person or disabled adult for profit, commits a felony of the third degree.

We agree with the trial court that the alleged sales conduct may be "exploitation" in a general sense, but it does not involve use or management of the aged person's funds for profit.

Affirmed.

DANAHY, A.C.J., and CAMPBELL, J., concur.


Summaries of

State v. Dyer

District Court of Appeal of Florida, Second District
Oct 23, 1992
607 So. 2d 482 (Fla. Dist. Ct. App. 1992)

In State v. Dyer, 607 So.2d 482 (Fla. 2d DCA 1992), the defendants were charged with grand theft and financial exploitation of an aged person pursuant to section 415.111(5) for using high pressure sales tactics or fraudulent schemes to convince aged victims to pay exorbitant prices for emergency response systems.

Summary of this case from State v. Cuda
Case details for

State v. Dyer

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. DALE DYER AND ROBERT LONGBOAT, APPELLEES

Court:District Court of Appeal of Florida, Second District

Date published: Oct 23, 1992

Citations

607 So. 2d 482 (Fla. Dist. Ct. App. 1992)

Citing Cases

State v. Cuda

The only reported case construing section 415.111(5) is a recent Second District case. In State v. Dyer, 607…