NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
K.P., )
)
Appellant, )
)
v. ) Case No. 2D16-3652
)
STATE OF FLORIDA, )
)
Appellee. )
)
Opinion filed November 17, 2017.
Appeal from the Circuit Court for
Hillsborough County; Manual A. Lopez,
Judge.
Howard L. Dimmig, II, Public Defender, and
Robert D. Rosen, Assistant Public Defender,
Bartow, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Kiersten E. Jensen,
Assistant Attorney General, Tampa, for
Appellee.
PER CURIAM.
K.P. appeals from the disposition order withholding adjudication but
finding him guilty of petit theft and burglary of a conveyance. The State's case rested
upon the inference in section 812.022, Florida Statutes (2015), that "proof of possession
of property recently stolen, unless satisfactorily explained, gives rise to an inference that
the person in possession of the property knew or should have known that the property
had been stolen." See § 812.022(2). Because K.P. "satisfactorily explained" his
possession of the stolen item with unrefuted testimony, the trial court erred in denying
the motion for judgment of dismissal. We therefore reverse and remand for entry of a
judgment of dismissal.
NORTHCUTT, BLACK, and SALARIO, JJ., Concur.
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