State v. Oates, 75--195
| Decision Date | 23 April 1976 |
| Docket Number | No. 75--195,75--195 |
| Citation | 330 So.2d 554 |
| Parties | STATE of Florida, Appellant, v. George OATES et al., Appellees. |
| Court | Florida District Court of Appeals |
Abbott M. Herring, State's Atty., and Norman A. Tharp, Asst. State's Atty., Titusville, for appellant.
Walter T. Rose, Jr. of Rose & Weller, Cocoa Beach, for appellees.
The Trial Court dismissed a four count information count one of which is before us now and which purportedly alleges a conspiracy to commit a felony, to-wit: Grand Larceny. The State appeals. We reverse.
The information is as follows:
In the Name and by Authority of the State of Florida:
ABBOTT HERRING, State Attorney of the Eighteenth Judicial Circuit, in and for Brevard County, Florida, prosecuting for the State of Florida, under oath CHARGES that GEORGE OATES, LOGAN H. FISCHER, a/k/a 'SKIPFISCHER', BERNIE KEENE on April 15, 1974, and thereafter to and including May 30, 1974, in the County of Brevard, and State of Florida, did then and there agree, conspire, combine, or confederate with GEORGE OATES, LOGAN H. FISCHER, BERNIE KEENE each with the other, or other persons not charged herein, to commit a felony, to-wit: GRAND LARCENY, to obtain from the true owners money of the value of $100.00 or more lawful currency of the United States of America by color or aid of fraudulent or false representation or pretense; that is, to collect entrance fees for a BASS FISHING CONTEST, offering large cash prizes, and to rig or control said contest by entering fish caught prior to said contest with intent to deprive or defraud said owners, the ENTRANTS, of said money, and in furtherance of said conspiracy the defendants, GEORGE OATES, LOGAN H. FISCHER, BERNIE KEENE and other uncharged co-conspirators committed one or more of the following overt acts:
1. On May 6, 1974, and thereafter to and including May 9, 1974, GEORGE OATES, BERNIE KEENE and uncharged co-conspirators, PHILLIP JAY, ROBERT VARNADORE, caught a number of bass in Osceola County, Florida and brought said fish to 111 West Gadsden Lane, Cocoa Beach, Florida.
2. On May 6, 1974, and thereafter to and including May 9, 1974, GEORGE OATES, BERNIE KEENE, PHILLIP JAY, ROBERT VARNADORE, placed bass caught in Osceola County Florida in a holding tank set up at 111 West Gadsden Lane, Cocoa Beach, Florida.
3. On the night of May 9, 1974, or early morning hours of May 10, 1974, BERNIE KEENE transported said pre-caught fish to the vicinity of Clermont, Florida and delivered said fish to PHILLIP JAY.
4. On May 10, 1974, PHILLIP JAY received said fish from BERNIE KEENE, took said fish into a lake near Clermont, Florida and gave the same to LOGAN FISCHER and ROBERT VARNADORE.
5. On May 10, 1974, LOGAN FISCHER and ROBERT VARNADORE turned said fish into the contest officials as being caught in said contest.
6. On May 11, 1974, LOGAN FISCHER and ROBERT VARNADORE each won a prize and each received prize money in the form of a check.
7. On or about May 30, 1974, ROBERT VARNADORE gave GEORGE OATES the sum of $250.00, one half of the prize which he received, said payment being made in Brevard County, Florida, contrary to sections 833.04 and 811.021(1)(a), Florida Statutes,'
The issue before us is whether count one of the...
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