State v. Green

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT STATE OF FLORIDA, Appellant, v. CLIFFORD LAVOND GREEN, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D04-4604 Opinion filed June 1, 2005. Appeal from the Circuit Court for Polk County; Susan W. Roberts, Judge. Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellant. James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellee. PER CURIAM. The State appeals the trial court's order granting Clifford Lavond Green's motion to dismiss the charge of failure to return leased equipment in violation of section 812.155, Florida Statutes (2002). We reverse and remand for further proceedings in accordance with our recent decision in State v. Higby, 30 Fla. L. Weekly D1068 (Fla. 2d DCA Apr. 27, 2005) (holding that trial court erred by identifying section 812.155(4)(b) as mandatory presumption when it is permissive inference). See also State v. Rygwelski, 30 Fla. L. Weekly D1053 (Fla. 2d DCA Apr. 22, 2005). ALTENBERND, C.J., and WHATLEY and LaROSE, JJ., Concur. -2-

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