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defendanttrialmotionappellant

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Brewer v. State, 413 So.2d 1217

Facts

In March 1978, Wayne Allen Parks' house was burglarized, resulting in the theft of several rings and thirteen guns. Parks later saw the appellant wearing one of the stolen rings and paid him fifteen dollars for its return. Subsequently, the appellant offered to buy back Parks' stolen guns for a thousand dollars, but after receiving the money, he disappeared for over two and a half years without returning the guns or the money.

In March, 1978, Wayne Allen Parks' house was burglarized and several rings and thirteen guns were stolen. Parks subsequently saw appellant wearing one of the stolen rings. Parks informed the appellant that the ring had been stolen and paid the appellant fifteen dollars for its return. At a later date, appellant approached Parks and informed Parks that the appellant could purchase Parks' stolen guns for him. Parks gave appellant a thousand dollars with the understanding that appellant would travel to Miami, purchase the guns from the individuals who had stolen them, and return in “a day or two.” Appellant took Parks' money, but never returned with the guns or the money and Parks never saw or heard from appellant until after appellant's arrest approximately two and one half years later.

Issue

Did the trial court err in denying the appellant's motion for judgment of acquittal based on the sufficiency of the evidence regarding the appellant's mental intent to commit theft?

Did the trial court err in denying the appellant's motion for judgment of acquittal based on the sufficiency of the evidence regarding the appellant's mental intent to commit theft?

Rule

The court applied the principle that the State must prove the defendant's intent based on surrounding circumstances, and a motion for judgment of acquittal should rarely be granted based on the state's failure to prove mental intent.

The court applied the principle that the State must prove the defendant's intent based on surrounding circumstances, and a motion for judgment of acquittal should rarely be granted based on the state's failure to prove mental intent.

Analysis

The court determined that the State had established sufficient evidence of the appellant's intent to commit theft. Parks had given the appellant money with the understanding that he would buy back the stolen guns, and the appellant's subsequent disappearance for over two years without returning the money or the guns supported the jury's inference of intent to deprive Parks of his property.

The court determined that the State had established sufficient evidence of the appellant's intent to commit theft. Parks had given the appellant money with the understanding that he would buy back the stolen guns, and the appellant's subsequent disappearance for over two years without returning the money or the guns supported the jury's inference of intent to deprive Parks of his property.

Conclusion

The court affirmed the trial court's denial of the appellant's motion for judgment of acquittal, concluding that the evidence was sufficient for the jury to find the appellant guilty of grand theft.

The court affirmed the trial court's denial of the appellant's motion for judgment of acquittal, concluding that the evidence was sufficient for the jury to find the appellant guilty of grand theft.

Who won?

The State prevailed in the case because the court found that the evidence presented was sufficient to support the jury's conclusion regarding the appellant's intent to commit theft.

The State prevailed in the case because the court found that the evidence presented was sufficient to support the jury's conclusion regarding the appellant's intent to commit theft.

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