Gray v. State, 77-2083

• Decision Date: 12 December 1978
• Docket Number: No. 77-2083,77-2083
• Citation: 365 So.2d 205
• Parties: Kenneth Leroy GRAY, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 205

365 So.2d 205

Kenneth Leroy GRAY, Appellant, v. The STATE of Florida, Appellee.

No. 77-2083.

District Court of Appeal of Florida, Third District.

Dec. 12, 1978.

George & McQuade and Walter F. McQuade, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and William M. Grodnick, Asst. Atty. Gen., for appellee.

Before HAVERFIELD, C. J., and HENDRY and HUBBART, JJ.

PER CURIAM.

Defendant, Kenneth Gray, appeals his conviction for grand larceny. Gray was a real estate broker who operated Continental Consultants, Inc. He had sole control over Continental's escrow account, and made all deposits and issued and signed all checks. In April, 1976 Mr. and Mrs. Bubnow contacted Gray in his capacity as broker and he showed them the home of Mr. and Mrs. Smith. Desirous of purchasing the Smith residence, the Bubnows signed a purchase agreement conditioned upon their obtaining FHA financing and deposited $5,000 with Gray who stated that the money would be placed in Continental's escrow account. Unable to obtain FHA financing, the Bubnows requested return of their $5,000. Gray refused but told the Bubnows that his associate, Esther Flores, would find them another house to purchase and the $5,000 would be applied towards the purchase price. In July, 1976 Flores found the Bubnows a suitable residence for sale owned by a Mrs. Mandt. At the closing on the Mandt house, Gray had agreed to produce two checks, a $2,366 check for the seller, Mrs. Mandt, and a $1,317 check for the co-operating broker, Vernon Stewart Realty. The remainder of the $5,000 was to be split between Gray and Flores as their commission. Gray failed to appear with the checks, but the transaction was closed when Vernon Stewart advanced Mrs. Mandt $2,171.45 so she could close on the purchase of her home. Vernon Stewart then demanded payment from Gray who never paid the money. Thereafter, Gray was informed against for grand larceny and it was subsequently discovered that Gray had withdrawn most of the money out of Continental's escrow account and placed it in another Continental account used for his personal purposes. At the trial Gray's defense was basically that he did not know what happened to the $5,000 placed in the escrow account. The jury returned a verdict of guilty and Gray appeals contending generally the evidence was insufficient and specifically the failure to prove the element of intent.

Generally facts are sufficient to support a conviction of grand larceny where the receipt of...