Arrestable Offenses / Crimes under Fla. Stat. 831.02
CopyCited 203 times | Published | Court of Appeals for the Eleventh Circuit | 2009 U.S. App. LEXIS 2141, 2009 WL 196842
....
On June 17, 2002, Officer Davis arrested Case, without a warrant, and seized
several pieces of property from Case’s place of business, including six aluminum
rims. Case was charged with passing a forged or altered instrument, Fla. Stat. §
831.02, larceny of more than $300 but less than $2000, id....
CopyCited 55 times | Published | Supreme Court of Florida | 2009 WL 217979
...dangerous to themselves or others. Second, residential commitments separate offenders from society during the process of rehabilitation."). [6] See §
810.08(1), (2)(a), Fla. Stat. (2005). [7] See §
810.02(1)(b), (4)(b), Fla. Stat. (2005). [8] See §
831.02, Fla....
CopyCited 40 times | Published | Florida 1st District Court of Appeal
...NOTES [1] Section
812.022(2) states: 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. [2] §
831.02, Fla....
CopyCited 34 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 120, 2009 Fla. LEXIS 150
...not dangerous to themselves or others. Second, residential commitments separate offenders from society during the process of rehabilitation.”). . See §
810.08(1), (2)(a), Fla. Stat. (2005). . See §
810.02(l)(b), (4)(b), Fla. Stat. (2005). . See §
831.02, Fla....
CopyCited 25 times | Published | Florida 4th District Court of Appeal
...crime . . knowing such ... report to be false ... shall . .. be guilty of a misdemeanor ..." The offense is conceptually very similar to that of uttering or publishing "... as true a false ... instrument ... knowing the same to be false ..." under F.S. § 831.02....
CopyCited 23 times | Published | Florida 5th District Court of Appeal | 1990 WL 179049
...unt, consecutive to the 30 years imprisonment for first degree grand theft. Eleven counts of forgery, section
831.01, Florida Statutes (1987): 5 years probation on each count, concurrent with each other. Eleven counts of uttering a false instrument, section
831.02, Florida Statutes (1987): 5 years probation concurrent with each other and consecutive to the probation on the forgery counts....
...th intent to injure or defraud any person. Organized fraud does not require any kind of forgery, and requires proof of elements which the crime of forgery does not, and therefore is a separate offense. The same is true of uttering false instruments, section 831.02, Florida Statutes (1987), which also must involve a false, forged, altered or counterfeited writing....
CopyCited 20 times | Published | Florida 2nd District Court of Appeal | 1995 WL 552814
...se to the criminal charges. See State v. Mack,
637 So.2d 18 (Fla. 4th DCA 1994). Brown was charged with multiple counts of grand theft and petit theft, in violation of section
812.014, Florida Statutes (1981), and uttering a forgery, in violation of section
831.02, Florida Statutes (1981)....
CopyCited 13 times | Published | Supreme Court of Florida
..., Chief Judge. "We here consider the issue of whether there exists under Florida law the offense of attempted uttering of a forged instrument. Appellant, defendant below, was charged with and convicted of uttering a forged instrument as defined by F.S. 831.02....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 1995 WL 316330
...4th DCA 1989); Parker v. State,
539 So.2d 1168, 1169 (Fla. 1st DCA), review denied,
547 So.2d 1210 (Fla. 1989). Convictions AFFIRMED; Sentences VACATED; REMANDED for resentencing. HARRIS, C.J., and GRIFFIN, J., concur. NOTES [1] §
831.01, Fla. Stat. (1993). [2] §
831.02, Fla....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 80 A.L.R. 2d 261
...and none that defendant at the time he attempted to cash it had knowledge that it was forged. The offense of uttering a forged instrument, for which the appellant was indicted and of which he was convicted, is declared to be a crime in this state by Section
831.02, Florida Statutes, F.S.A., which reads as follows: "Whoever utters and publishes as true a false, forged or altered record, deed, instrument or other writing mentioned in §
831.01 knowing the same to be false, altered, forged or count...
CopyCited 12 times | Published | Florida 1st District Court of Appeal
...BOYER, Chief Judge. We here consider the issue of whether there exists under Florida law the offense of attempted uttering of a forged instrument. Appellant, defendant below, was charged with and convicted of uttering a forged instrument as defined by F.S. 831.02....
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...Minerva, Public Defender, for appellant. Robert L. Shevin, Atty. Gen. and A.S. Johnston, Asst. Atty. Gen., for appellee. PER CURIAM. Appellant/defendant seeks review of his conviction for uttering a forged instrument, viz: a check, in violation of § 831.02, Florida Statutes (1975)....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 14502, 2009 WL 3108831
...Accordingly, we reverse the order granting the judgment of acquittal and remand with directions to reinstate the jury's verdict, enter judgment, and sentence the appellee. Reversed and Remanded with directions. DAMOORGIAN and GERBER, JJ., concur. NOTES [1] Section 831.02, Florida Statutes (2008), titled "Uttering forged instruments," states as follows: Whoever utters and publishes as true a false, forged or altered record, deed, instrument or other writing mentioned in s....
CopyCited 8 times | Published | Supreme Court of Florida | 45 A.L.R. 2d 1360
...ly makes, alters, forges or counterfeits an attestation of any public officer, in relation to a matter wherein such attestation may be received as legal proof, with intent to injure or defraud any person, shall be guilty of the crime of forgery. And section 831.02 provides, in effect, that whoever utters and publishes as true a false, forged or altered writing mentioned in the foregoing section, knowing the same to be false, altered, forged or counterfeited, with intent to injure or defraud any person, shall be guilty of uttering a forgery....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1988 WL 18576
...3d DCA 1977). Accordingly, we reverse the order dismissing Count IV of the information and direct that Count IV be reinstated. Finally, we hold that the trial court erred in dismissing Count V, charging the uttering of a false document. Pursuant to Section 831.02, Florida Statutes (1985), the elements of the offense of uttering a false or forged instrument are knowledge on the part of the accused that the instrument is false and the intent to injure or defraud another by the assertion that the instrument is true....
...Notwithstanding this knowledge and the knowledge of the falsity contained in the document (the inflated purchase price), he published the document to his insurer as true in an attempt to gain payment. We hold these facts to sufficiently allege a crime under the provisions of Section 831.02, Florida Statutes (1985)....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1990 WL 7623
...After being initially charged, he pleaded guilty to a one-count information charging forgery of a check in the amount of $12.11 in violation of section
831.01, Florida Statutes (case no. 88-134), and to a second information charging four counts of uttering a forged instrument in violation of section
831.02, Florida Statutes, involving checks in the amounts of $25.00, $20.00, $23.00, and $22.00, respectively (case no....
...Glass contends and the state now concedes that the court erred in imposing a total sanction of 7 1/2 years for each offense where the underlying offense is a third-degree felony carrying a statutory maximum penalty of 5 years' imprisonment. See sections
831.02,
775.082(3)(d), Florida Statutes (1987)....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1989 WL 147384
...dence established. Accordingly, we quash the order of revocation and the judgment and sentences imposed. REVERSED. DANIEL, C.J., and COBB, J., concur. NOTES [1] Forgery; section
831.01, Florida Statutes (1987); uttering a false or forged instrument, section
831.02, Florida Statutes (1987)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2007 WL 750528
...The uttering charge was based on uttering and publishing as true a "falsely made, altered, forged, or counterfeited public record, to wit: a marriage certificate, knowing this document to be falsely made, altered, forged, or counterfeited, with intent to injure or defraud. . . ." See § 831.02, Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1996 WL 726850
...However, an out-of-court statement which is offered for a purpose other than proving the truth of its contents is admissible only when the purpose for which *1390 the statement is being offered is a material issue in the case. Id. at 907. Pursuant to § 831.02, Fla.Stat....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...Atty. Gen., West Palm Beach, for appellee. *871 MOORE, Judge. This is an appeal from a revocation of probation on which appellant was placed subsequent to pleading guilty to a charge of uttering a forged instrument, a third degree felony proscribed by Section 831.02, Florida Statutes (1975)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2744496
...the motion as a nullity. The Facts and Procedural Background On August 9, 2005, Mr. Sheppard pleaded guilty to violating his community control previously imposed for convictions of two counts of uttering a forged instrument a third-degree felony. § 831.02, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1994 WL 287819
...y General. We realize that the purpose of Rule 9.200(b)(2) is to save money for litigants, but we believe that a certified transcript ensures a complete and accurate record in a criminal appeal. AFFIRMED. DAUKSCH and W. SHARP, JJ., concur. NOTES [1] § 831.02, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...Shevin, Atty. Gen., Tallahassee, and Andrew I. Friedrich, Asst. Atty. Gen., West Palm Beach, for appellee. CROSS, Judge. Appellant-defendant, John Edward Rapp, was informed [1] against for the crime of uttering a forged instrument in violation of Fla. Stat. § 831.02 (1971), F.S.A., tried and convicted by a jury, adjudged guilty by he court and sentence imposed....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2006 WL 508115
...Because the State failed to present evidence from *832 which the jury could exclude every reasonable hypothesis except that of guilt, we conclude that the trial court erred in denying the motion for judgment of acquittal. I. Background Linn was charged by information with uttering a forged instrument, in contravention of section 831.02, Florida Statutes (2004)....
...motion for judgment of acquittal. That motion was also denied. The circuit court withheld adjudication, sentenced Linn to time served, and imposed a fine. Linn now appeals. II. Analysis A. The Actual Knowledge Element of Uttering a Forged Instrument Section
831.02 provides that the crime of uttering a forged instrument has the following elements: (1) uttering and publishing as true a false, forged, or altered instrument; (2) knowing the instrument to be false, altered, forged, or counterfeited; and (3) intending to injure or defraud. "The crime is completed by presentation of the forged instrument for payment, regardless of whether or not the bank actually makes any payment to the defendant." Henderson v. State,
572 So.2d 972, 974 (Fla. 3d DCA 1990). Under section
831.02, it is not sufficient for the State to show that the defendant should have known the instrument was forged....
...While the inaccurate notation *835 regarding home repairs may have been sufficient to prove that Linn should have known the check had been forged, it does not prove Linn actually knew the check had been forged, as is required for Linn to be convicted of violating section 831.02....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...Shevin, Atty. Gen., Tallahassee, and Baya Harrison III, Asst. Atty. Gen., Tampa, for appellee. HOBSON, Acting Chief Judge. Appellant seeks review of his judgment and sentence based upon a jury verdict of guilty of uttering a forged check in violation of F.S., § 831.02 F.S.A....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...f violating probation, we agree that the trial court erred in sentencing appellant and therefore remand for resentencing. Appellant was originally charged by five separate informations with nine counts of uttering a forged instrument in violation of section
831.02, Florida Statutes (1983), and eight counts of grand theft in violation of section
812.014(2)(b), Florida Statutes (1983)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...Public Defender, Daytona Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee. COBB, Judge. Donald Lowery a/k/a Arthur Moore was tried and convicted of uttering a forged check in violation of section 831.02, Florida Statutes (1979)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1993 WL 167701
...Accordingly, we affirm appellant's habitual offender sentence without prejudice to either appellant or the state to raise, in an appropriate future post-trial proceeding, any matter concerning the applicability and effect of the ruling in Ashley. AFFIRMED. PETERSON and GRIFFIN, JJ., concur. NOTES [1] § 831.02, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 985, 2010 WL 391815
...ent as a matter of law to support the convictions. The Uttering Convictions Judge (now Justice) Canady set forth the law concerning the required element of knowledge for an uttering conviction in Linn v. State,
921 So.2d 830, 833 (Fla. 2d DCA 2006): Section
831.02 provides that the crime of uttering a forged instrument has the following elements: (1) uttering and publishing as true a false, forged, or altered instrument; (2) knowing the instrument to be false, altered, forged, or counterfeited; and (3) intending to injure or defraud.... Under section
831.02, it is not sufficient for the State to show that the defendant should have known the instrument was forged....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...case apparently had ended June 3, 1984, prior to the time the processes of the court were set in motion for revocation of probation. In case number 82-11450, the appellant was charged by information with uttering a forged instrument in violation of section 831.02, Florida Statutes (1981)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...Matthew, Special Asst. Public Defenders, Tallahassee, for appellant. Robert L. Shevin, Atty. Gen., and Martha J. Cook, Asst. Atty. Gen., Tallahassee, for appellee. SMITH, Acting Chief Judge. A juvenile appeals from a conviction for uttering a forged instrument, Section 831.02, Florida Statutes (1977)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1997 WL 162740
...stinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an additional fact which the other does not." Blockburger,
284 U.S. at 304,
52 S.Ct. at 182. [2] Section
831.02, Florida Statutes (1993), provides: Whoever utters and publishes as true a false, forged or altered record, deed, instrument or other writing mentioned in s....
CopyCited 1 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 83962, 2008 WL 4527826
...Defendants assert that (1) Sosa was in possession of forged certificates of destruction and (2) Sosa transferred vehicles with forged certificates of destruction to U-Pull-It in violation of Florida law. Defendants rely on Florida Statute Sections
831.01 and
831.02 as their bases for probable cause to arrest....
...in relation to a matter wherein such certificate, return or attestation may be received as a legal proof; or a charter, deed, will, testament, bond, or writing obligatory, letter of attorney, policy of insurance, bill of lading...." Florida Statute Section
831.02 similarly makes it a felony to "utter[ ] and publish[] as true a false, forged or altered record, deed, instrument or other writing mentioned in §
831.01 knowing the same to be false, altered, forged or counterfeited, with intent to i...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...Taylor, Asst. Atty. Gen., Tampa, for appellee. DANAHY, Judge. Defendant, Frederick Russell, challenges concurrent five-year prison sentences imposed outside the recommended sentencing guidelines for eleven counts of uttering a forged instrument contrary to section
831.02, Florida Statutes (1983), four counts of grand theft contrary to section
812.014, Florida Statutes (1983), and three counts of burglary contrary to section
810.02(3), Florida Statutes (1983)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2005 WL 3180036
...nly an involuntary abandonment, which is not a defense.
680 So.2d at 1066-67. [2] Section
777.04(5)(a), Florida Statutes (1985). [3] In King v. State,
339 So.2d 172 (Fla.1976), the supreme court held that there is no crime of attempted forgery under section
831.02, Florida Statutes (1975), because an "uttering is proved as fully by an attempt to negotiate a forged instrument as it is proved by a completed negotiation."
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 418, 1991 WL 6010
...Appellant, Connie Ray Isreal, appeals from a guidelines departure sentence. We hold that the trial court erred in departing from the guidelines without issuing written reasons for the departure. Appellant was convicted on two counts of uttering forged instruments in violation of section 831.02, Florida Statutes (1987)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1990 WL 205869
...Reddick,
568 So.2d 902 (Fla. 1990). The crime of uttering a forged instrument is committed when the defendant "utters and publishes as true a ... forged ... instrument ... knowing the same to be ... forged ..., with intent to injure or defraud any person... ." §
831.02, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1992 WL 81071
...89-14000 with a maximum sentence of fifteen years' imprisonment. He received notice he would be treated as a habitual offender under section
775.084. The judge sentenced him to two years' community control. On September 13, 1990, the state charged the appellant with uttering a forged instrument in violation of section
831.02, Florida Statutes (1989), and with petit theft in violation of section
812.014(2)(d), Florida Statutes (1989)....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2015 U.S. App. LEXIS 6524
...Before TJOFLAT, WILLIAM PRYOR, and BARKSDALE, ∗ Circuit Judges.
WILLIAM PRYOR, Circuit Judge:
Drew Walker’s petition for review of the order for his removal presents two
questions: (1) whether a state conviction for uttering a forged instrument, Fla. Stat.
§ 831.02, is categorically an aggravated felony offense, 8 U.S.C.
∗
Honorable Rhesa H....
...We deny Walker’s petition for review.
I. BACKGROUND
Walker, a citizen of Jamaica, was admitted to the United States as a lawful
permanent resident in 1990. In 2001, Walker pleaded no contest to three counts of
uttering a forged instrument, Fla. Stat. § 831.02....
...ed felony,” id.
§ 1227(a)(2)(A)(iii), which includes offenses that “involve[] fraud or deceit in
which the loss to the victim or victims exceeds $10,000,” id. § 1101(a)(43)(M)(i).
Walker does not contest that he was convicted of violating section 831.02 of the
3
Case: 14-12814 Date Filed: 04/21/2015 Page: 4 of 6
Florida Statutes, or that one of those convictions involved an amount greater than
$10,000. Accordingly, the only question is whether a violation of section 831.02 is
an “offense that ....
...red record,
deed, instrument or other writing . . . knowing the same to be false,
altered, forged or counterfeited, with intent to injure or defraud any
person, shall be guilty of a felony of the third degree . . . .
Fla. Stat. § 831.02.
Walker argues that his conviction is not categorically a crime of “deceit”
because section 831.02 prohibits uttering a false instrument with “intent to injure
or defraud.” Id....
...in
fact, false. See Black’s Law Dictionary 465 (9th ed. 2009) (defining “deceit” as
“[t]he act of intentionally giving a false impression” or a “false statement of fact
made by a person knowingly”). That deceit makes a violation of section 831.02 an
“aggravated felony.”
B....
...iminal misconduct . . . is
deportable.” 8 U.S.C. § 1227(a)(2)(A)(ii). Walker has abandoned any argument
that his crimes arose from a “single scheme of criminal misconduct,” id., so the
only question we must decide is whether a violation of section 831.02 is a crime of
“moral turpitude.” We hold that it is.
“To determine whether a conviction for a particular crime constitutes a
conviction of a crime involving moral turpitude,” we again use the “categorical
approach.” Fajardo v....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 22386
...They left the driver’s license and the check with Ms. Armstrong. She testified that the endorsement on the check and the signature on the driver’s license were not a total match. Appellant, Billy James Davis, was arrested and later charged with uttering a forged instrument in violation of section 831.02, Florida Statutes (1981)....
CopyPublished | Supreme Court of Florida | 1967 Fla. LEXIS 3437
...essional Ethics and Rules 1, 23, 27, 28, 30 and 32 of the Additional Rules Governing the Conduct of Attorneys in Florida, 32 F.S.A.; that respondent admitted the forgery as defined by F.S.
831.01, F.S.A., uttering a forged instrument as defined by F.S.
831.02, F.S.A., and making a false certificate of a notary public as defined by F.S....
CopyPublished | Supreme Court of Florida | 45 A.L.R. 2d 1360, 1954 Fla. LEXIS 1781
...y makes, alters, forges or counterfeits an attestation of any public officer, in relation to a matter wherein such attestation may be received as legal proof, with intent to injure or defraud any. person, shall be guilty of the crime of forgery. And section 831.02 provides, in effect, that whoever utters and publishes as true a false, forged or altered writing mentioned in the foregoing section, knowing the same to be false, altered, forged or counterfeited, with intent to injure or defraud any person, shall be guilty of uttering a forgery....
CopyPublished | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 2451, 1988 Fla. App. LEXIS 4837, 1988 WL 117175
WENTWORTH, Judge. The state seeks review of an order dismissing an information for failure to charge an offense. We conclude that the act charged, uttering an altered private academic transcript, does not violate section
831.02, Florida Statutes, and we affirm the order appealed. In an amended information the state charged appellee with violating section
831.02, Florida Statutes, by knowingly submitting to the University of Florida an altered “record, to wit: a school tran-script_” The court dismissed this information upon appellee’s motion, determining that section
831.02 proscribes uttering only those records delineated in section
831.01, Florida Statutes, and that appellant’s academic transcript is not such a record. Section
831.02 prohibits uttering: ......
...State,
355 So.2d 817 (Fla. 3d DCA 1978). But they involve a closely related subject and are thus properly construed in pari materia, upon comparison with each other considering the entire statutory scheme. See generally, Ferguson v. State,
377 So.2d 709 (Fla.1979). Since section
831.02 is a penal statute, it must give clear notice of the acts it proscribes and should be strictly construed. See Ferguson, supra; State v. Winters,
346 So.2d 991 (Fla. 1977); see also section
775.021(1), Florida Statutes. We agree with the trial court that section
831.02 proscribes uttering only such records and documents as are mentioned in section
831.01, and that the state’s information does not charge an offense under section
831.02. The allegation that appellee uttered an altered record relates to a private academic transcript, which is neither a public record nor other document identified in section
831.01. Uttering such a transcript is therefore not a violation of section
831.02, as strictly construed in pari materia with section
831.01....
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 4615
uttering a forged instrument (in violation of §
831.02 F.S.A.) in that she “with intent to injure and
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 4585
...These appeals, which were briefed and argued together, are by two appellants, Thomas D. Folk and Alfred Liquari. After a joint non-jury trial, they were convicted in the Criminal Court of Record in and for Dade County, Florida as follows: Appellant Folk was found guilty of uttering a forged instrument. .(Fla.Stat.196S, §
831.02, F.S.A.) 1 appellant Liquari was convicted of forgery (Fla.Stat., §
831.01, F.S....
...blank forms into negotiable instruments. See American Express Co. v. City National Bank, Tex.Civ.App.1928, 7 S.W.2d 886, 889 ; Berry v. United States, 5th Cir.1959,
271 F.2d 775 . The judgments and sentences are each affirmed. Affirmed. . Section “
831.02 Uttering forged instruments....
CopyPublished | Florida 5th District Court of Appeal | 1989 WL 129799
...offenses. Therefore, it was error for the trial court to score the six points for legal constraint. Accordingly, we quash the sentence and remand for resentencing. QUASH sentence; REMAND. DANIEL, C.J., and HARRIS, Associate Judge, concur. NOTES [1] § 831.02, Fla....
CopyPublished | Florida 3rd District Court of Appeal
...For the reasons that follow, we deny the petition.
Mr. Cebez was charged by information with one count of falsely
reporting the commission of a crime pursuant to section
817.49, Florida
Statutes (Count 1); one count of uttering a forged instrument pursuant to
section
831.02, Florida Statutes (Count 2); one count of first degree grand
theft pursuant to section
812.014(2)(a), Florida Statutes (Count 3); one
count of false or fraudulent insurance claims/$100,000 or more pursuant to
section
817.234(1), Flo...
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14823
the conviction of uttering a forgery, Fla.Stat. §
831.02 (1973). The instrument, a check, was not forged
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 8082
forged or counterfeit as aforesaid, contrary to F.S.
831.02. [F.S.A.].” Appellant admitted attempting to
CopyPublished | Florida 4th District Court of Appeal | 1982 Fla. App. LEXIS 20383
...The appellee having confessed error in the trial court’s granting of his sworn motion to dismiss, and such error clearly appearing, the order of dismissal is reversed. The question of whether the defendant knew that he was uttering a forged check, thus violating Section 831.02, Florida Statutes (1981), is a question of fact which cannot be resolved by a motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4)....
CopyPublished | Florida 5th District Court of Appeal | 1984 Fla. App. LEXIS 14060
...where there has been a violation of probation. We therefore vacate the sentences and remand for resentencing. SENTENCE VACATED AND CAUSE REMANDED FOR RESENTENCING. COBB, C.J., and FRANK D. UP-CHURCH, Jr., J., concur. . §
831.01, Fla.Stat. (1981). . §
831.02, Fla.Stat....
CopyPublished | District Court of Appeal of Florida
WALDEN, Judge. Defendant was convicted and sentenced for violation of F.S. 831.02, F.S.A., Laws of 1969, this outlining the offense of uttering a forged instrument....
...An examination of the information indicates that it was loosely and indefinitely worded and combined features of the two mentioned statutes. In the voir dire the prosecutor misstated on several occasions that the case involved the uttering of a forged instrument, F.S. 831.02, F.S.A., Laws of 1969. After the jury was accepted and sworn the state was allowed to amend the information over the defendant’s objection to charge the offense contained in F.S. 831.02, F.S.A., and eliminate the reference to F.S....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 7428
...This is an appeal from a jury verdict and a conviction entered thereon in the Court of Record in and for Escambia County, wherein the appellant, defendant below, was sentenced to ten years in state prison. The prosecution was for the uttering and publishing of a false, forged or altered Will. The information is drawn under Section
831.02, Florida Statutes, 1967, F.S.A. The material portion of said Section
831.02, F.S., 1967, F.S.A., is as follows: “Whoever utters and publishes as true a false, forged or altered record, deed, instrument, or other writing mentioned in §
831.01, knowing the same to be false, altered, forged or counterfeited, with intent to injure or defraud any person....
CopyPublished | Florida 5th District Court of Appeal | 1997 Fla. App. LEXIS 239, 1997 WL 24237
...e of 18, should be corrected to conform with the trial court’s oral prohibition against contact with children under the age of 16. REVERSED and REMANDED for resen-tencing in conformity with this opinion. PETERSON, C.J., and W. SHARP, J., concur. . § 831.02, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14330
SCHWARTZ, Judge. At a non-jury trial, the defendant was convicted of uttering a forged instrument in violation of § 831.02, Fla.Stat....
...On this appeal, Jalbert raises two points which merit discussion. He contends first that he could not properly have been convicted of uttering a forgery (a) because a motor vehicle certificate of title is not an instrument covered by §§
831.01 and
831.02, Fla.Stat....
...duct. See Fayerweather v. State,
332 So.2d 21, 22 (Fla.1976). Jalbert also argues that he was entitled to a judgment of acquittal as to both charges because he did not possess the “specific intent” to defraud required under both §
319.33(2) and §
831.02, Fla.Stat....
...Since the other points raised by the defendant likewise lack merit, the judgment below is therefore Affirmed. . Unlike State v. Young,
357 So.2d 416 (Fla. 2d DCA 1978), in which the “specific” statute provided for a lesser penalty than the general one, violations of both §
319.33 and §
831.02, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1972 Fla. App. LEXIS 7337
defraud . . . shall be punished . . . ”, etc. F.S. §
831.02, F.S.A. provides inter alia that— “Whoever utters
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15479
return for a worthless check. Similarly, neither Section
831.02, Florida Statutes (1971), prohibiting the commission
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 7967
HOBSON, Acting Chief Judge. Lee Harris McClendon was adjudged guilty of uttering a forged instrument in violation of F.S. § 831.02 F.S.A., based upon a jury verdict....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14099
instrument. That offense is a third degree felony, §
831.02, Fla.Stat. (1975), punishable by a maximum prison
CopyPublished | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 3639
uttering a forged instrument in violation of section
831.02 Florida Statutes, F.S.A. Judgment and sentence
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 12454, 1994 WL 708171
...Id. In this case, the trial judge did not err in denying the motion for discharge. The state presented adequate facts to support its motion to continue. We affirm the denial of the motion for discharge. AFFIRMED. GOSHORN and W. SHARP, JJ., concur. . § 831.02, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 20012
...tion. The judgment revoking probation and sentencing appellant on the charge of uttering a forged instrument is reversed. This case is remanded for further proceedings consistent with this opinion. ROBERT P. SMITH, Jr. and WENT-WORTH, JJ., concur. . Section 831.02, Florida Statutes (1981)....
CopyPublished | District Court of Appeal of Florida
conviction for uttering a forged instrument, Section 831.-02, Florida Statutes (1977). It is contended in
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2012, 1987 Fla. App. LEXIS 12128
offense with which appellant was charged. See §
831.02, Fla.Stat. (1983). We can find no reason why offenses
CopyPublished | Florida 2nd District Court of Appeal | 13 Fla. L. Weekly 1052, 1988 Fla. App. LEXIS 1739, 1988 WL 39143
...This case has been before us once previously. Harris v. State,
495 So.2d 243 (Fla. 2d DCA 1986). Upon a plea of nolo conten-dere to uttering a forged instrument Harris was placed on probation for a period of three years beginning January 31, 1984. §
831.02, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19316
uttering a forged instrument in violation of section
831.02, Florida Statutes (1977). He pled guilty pursuant
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 15807
...In each of the first 36 counts the appellees, herein referred to as the defendants, were charged with uttering a false instrument, therein described as “A false Super Bowl X Ticket” (with facsimile of the ticket shown) with intent to injure and defraud the National Football League and other persons, in violation of Section 831.02 Florida Statutes 1975....
...Each of the defendants filed a motion to dismiss the information. Therein, .among other things, defendants contended such tickets were not among the instruments or items listed in Section
831.01 of the forgery statute, and therefor that the uttering thereof was not an offense under Section
831.02 of the statute....
...oney, the false forging or counterfeiting of which with intention to injure or defraud any person would constitute an offense under Section
831.01, and the utterance of which with intent to injure or defraud any person would constitute an offense of Section
831.02, of the statute....
CopyPublished | Florida 4th District Court of Appeal | 1976 Fla. App. LEXIS 14943
McCORD, Judge. Appellant was convicted of both counts of a two count indictment, the first count charging forgery in violation of §
831.01, Florida Statutes, and the second count charging uttering a forged instrument in violation of §
831.02, Florida Statutes....