Spurlock v. State
| Decision Date | 15 August 1973 |
| Docket Number | No. 72--839,72--839 |
| Citation | 281 So.2d 586 |
| Parties | Jimmy P. SPURLOCK, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James C. Dauksch, Jr., Orlando, for appellant.
Robert L. Shevin, Atty. Gen., Andrew W. Lindsey, Asst. Atty. Gen., and Joel Remland, Legal Intern, Tallahassee, for appellee.
Defendant was convicted of buying, receiving and aiding in the concealment of stolen property. He was sentenced to three years and appeals the judgment and sentence.
The jury verdict failed to fix the value of the stolen goods and to allege defendant knew the goods were stolen.
The verdict was defective because it failed to set value. Alvarez v. State, Fla.1918, 75 Fla. 286, 78 So. 272; Vaughn v. State, Fla.1941, 147 Fla. 12, 2 So.2d 122; both cases overruled on other grounds in Tidwell v. State, Fla.1942, 151 Fla. 333, 9 So.2d 630. As defendant concedes he failed to object below to the verdict, he failed to move for a new trial, and never attacked the verdict by a proper motion in arrest of judgment so that there is no reviewable judicial act; ergo, there is no merit to defendant's first point on appeal. Biesendorfer v. State, Fla.App.1969, 227 So.2d 322.
There is merit to defendant's second appellate point, which challenges the failure of the judgment to recite knowledge on defendant's part. We reverse and remand on authority of Biesendorfer v. State, supra; Eagle v. State, Fla.App.1972, 270 So.2d 468; Myers v. State, Fla.1934, 115 Fla. 627, 155 So. 797, with directions to the trial court to enter a proper judgment.
There is no merit to defendant's third point.
Reversed and remanded, with directions.
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...627, 155 So. 797 (1934); Anderson v. State, 338 So.2d 209 (Fla. 3d DCA 1976), cert. denied, 352 So.2d 174 (Fla.1977); Spurlock v. State, 281 So.2d 586 (Fla. 4th DCA 1973). The account on which the check was drawn had been closed, but the state did not call the drawer of the check as a witne......
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Kirkland v. State
...the reference to the charge in the information which did include a reference to the knowledge on defendant's part. In Spurlock v. State, 281 So.2d 586 (Fla. 4th DCA 1973), cert. denied 286 So.2d 207 (Fla.1973), the verdict was defective in that it failed both to state the value of the stole......
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Williams v. State
...in Williams v. State, reported at 322 So.2d 613, which conflicts with Vaughn v. State, 147 Fla. 12, 2 So.2d 122 (1941), and Spurlock v. State, 281 So.2d 586 (Fla.App.4, 1973), thereby vesting jurisdiction in this Court pursuant to Article V. Section 3(b)(3), Florida Petitioner was charged w......
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Tadlock v. State, BB--285
...and MASON, ERNEST E., Retired Associate Judge, concur. 1 Anderson v. State, 338 So.2d 209 (Fla.3d DCA 1976). Also see Spurlock v. State, 281 So.2d 586 (Fla.4th DCA 1973); Biesendorfer v. State, 227 So.2d 322 (Fla.4th DCA 1969); and Eagle v. State, 270 So.2d 468 (Fla.4th DCA ...