Jean-Phillipe v. State
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2005 KENSON JEAN-PHILLIPE, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D04-1520 [November 16, 2005] PER CURIAM. We affirm appellant s conviction of dealing in stolen property. There was sufficient evidence that appellant pawned a DVD player which he knew, or should have known, was stolen. Appellant told a detective that he knew that it was stolen and that he made a mistake. Appellant s story was that the DVD player was received by his friend as payment in a drug transaction, and that he knew he was taking a risk in pawning the item. Receiving property as payment for illegal drugs is the type of unusual manner of acquisition that tends to show guilty knowledge in a dealing in stolen property case. See Bertone v. State, 870 So. 2d 923, 924 (Fla. 4th DCA 2004). We reverse appellant s conviction of giving false verification of ownership to a pawn broker, contrary to section 539.001(8)(b)(8)(a), Florida Statutes (2004). The court s instruction to the jury failed to indicate that false verification of ownership must be knowingly given in order for there to be a conviction. See Wiley v. State, 830 So. 2d 889 (Fla. 1st DCA 2002). Affirmed in part, reversed in part, and remanded for a new trial. STONE, GROSS and HAZOURI, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael L. Gates, Judge; L.T. Case No. 0310288CF10A. Carey Haughwout, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing. -2-
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