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I think theft under 812.014 is the only thing he could realistically be charged with. The statute itself is long and not particularly helpful. I tend to use the jury instructions as they give only the elements that must be proven as well as the presumptions and defenses. Here is a selected...

Absolutely. Depending on the number of deliveries made, each one of those could be a separate count of DSP and Theft. More burglary charges would be easy if all of the thefts were on different days. They would be a little more interesting if they happened on the same day. The argument would be...

Florida is a funny state. While if you score more than 44 points on the sentencing scoresheet you are supposed to receive a "lowest permissible" prison sentence. The truth is that the judge can downward depart as long as he/she finds a reason on the last page of the scoresheet. Some of those...

I'm Sorry, I wasn't more clear. Yes, the buyer of stolen property cannot be prosecuted for dealing in stolen property absent proof that the buyer intended to dispose of the property. However, the buyer of stolen property can be charged with the theft of the property.

Buying stolen property (regardless of what you plan to do with it) is absolutely illegal in Florida. It doesn't even matter if the property was stolen or not. Fl.Stat. 812.028(3) - It shall not constitute a defense to a prosecution for any violation of the provisions of ss. 812.012-812.037 that...

Except that is not true. He is charged under 810.02(3)(c) - Burglary of an occupied structure which is a 2nd-degree felony. It scores as a level 6 in the sentencing guidelines or 36 points. The clerk's office has it listed incorrectly as burglary with a mask. once the information is filed, that...