State v. Croy, No. 1D01-1357.

CourtCourt of Appeal of Florida (US)
Writing for the CourtBENTON, J.
Citation813 So.2d 993
Decision Date20 March 2002
Docket NumberNo. 1D01-1357.
PartiesSTATE of Florida, Appellant, v. Dale CROY, Appellee.

813 So.2d 993

STATE of Florida, Appellant,
v.
Dale CROY, Appellee

No. 1D01-1357.

District Court of Appeal of Florida, First District.

March 20, 2002.


813 So.2d 994
Robert A. Butterworth, Attorney General; Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Appellant

R. Vinson Barrett of Eubanks & Barrett, Tallahassee, for Appellee.

BENTON, J.

The state appeals the post-trial grant of motions to dismiss and for judgment of acquittal. See §§ 924.07(1)(a) and (j), Fla. Stat. (2001) ("The state may appeal from: (a) An order dismissing an ... information... (j) A ruling granting a motion for judgment of acquittal after a jury verdict.").

The jury found Dale E. Croy "guilty as charged of Participation in an Illegal Lottery," on an information alleging a violation of section 849.09(1)(d), Florida Statutes (1999), which makes setting up, promoting, or conducting a lottery, or aiding or assisting "in the setting up, promoting, or conducting of any lottery or lottery drawing, whether by writing, printing, or in any other manner whatsoever, or be[ing] interested in or connected in any way with any lottery or lottery drawing" a felony.1

813 So.2d 995
In granting the motions the state complains about on appeal, the trial court proceeded on the theory that the state failed first to plead then to prove that the pyramid scheme in which Mr. Croy concededly participated (and on account of which he lost $2,500.00) constituted a "lottery."

The learned trial judge's theory does not, however, square with the unambiguous statutory pronouncement that the "organization of any ... pyramid club ... is hereby declared to be a lottery." § 849.091(1), Fla. Stat. (1999) (providing that "whoever shall participate in any such lottery by becoming a member of, or affiliating with, any such group or organization or who shall solicit any person for membership or affiliation ... commits a misdemeanor").2 Cf. Dep't of Legal Affairs v. Bradenton Group, Inc., 727 So.2d 199, 202 (Fla.1998) (noting bingo's exclusion from the definition of lottery in section 849.09(3)).

Relying on Adams v. Culver, 111 So.2d 665 (Fla.1959), Mr. Croy argues that no prosecution can be maintained under the general lottery statute for any offense pertaining to a pyramid scheme. While Adams does require that, in the absence of textual guidance to the contrary, statutory language defining a general, more serious crime be construed to exclude conduct made criminal by a more specific statute that prescribes less serious punishment, see Burnett...

To continue reading

Request your trial
2 practice notes
  • Leonard v. Inch, CASE NO. 4:20-cv-10005-King/Brannon
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • April 12, 2021
    ...face of the information." McLean v. State, 23 Fla. 281, 2 So. 5 (1887); State v. Vazquez, 450 So. 2d 203 (Fla. 1984); State v. Croy, 813 So. 2d 993, 996 (Fla. 1st DCA 2003). Here, Petitioner is a Florida citizen who stole a Yellowfin vessel from its mooring at a Key West marina, drivin......
  • State v. Maloy, No. 1D02-1200.
    • United States
    • Court of Appeal of Florida (US)
    • July 16, 2002
    ...provisions. See Adams v. Culver, 111 So.2d 665 (Fla.1959); Burnett v. State, 737 So.2d 1106 (Fla. 1st DCA 1998); see also State v. Croy, 813 So.2d 993 (Fla. 1st DCA 2002). This also accords with the rule of lenity, which instructs that criminal statutes susceptible of differing construction......
2 cases
  • Leonard v. Inch, CASE NO. 4:20-cv-10005-King/Brannon
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • April 12, 2021
    ...face of the information." McLean v. State, 23 Fla. 281, 2 So. 5 (1887); State v. Vazquez, 450 So. 2d 203 (Fla. 1984); State v. Croy, 813 So. 2d 993, 996 (Fla. 1st DCA 2003). Here, Petitioner is a Florida citizen who stole a Yellowfin vessel from its mooring at a Key West marina, drivin......
  • State v. Maloy, No. 1D02-1200.
    • United States
    • Court of Appeal of Florida (US)
    • July 16, 2002
    ...provisions. See Adams v. Culver, 111 So.2d 665 (Fla.1959); Burnett v. State, 737 So.2d 1106 (Fla. 1st DCA 1998); see also State v. Croy, 813 So.2d 993 (Fla. 1st DCA 2002). This also accords with the rule of lenity, which instructs that criminal statutes susceptible of differing construction......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT