CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 7901, 2009 WL 1636810
...*164 Michael E. Green, Orange Park, for Appellant. Bill McCollum, Attorney General, and Michael T. Kennett, Assistant Attorney General, Tallahassee, for Appellee. BENTON, J. Ashley Ellen Grant appeals her conviction for uttering an altered check in violation of section 831.09, Florida Statutes (2007)....
CopyPublished | Florida 2nd District Court of Appeal | 1978 Fla. App. LEXIS 15639
...By this appeal the state seeks to have this court determine the propriety of a ruling that the alteration of the numbers of a Federal Reserve note and the subsequent attempt to spend the same as a note of a higher denomination does not constitute an offense under Section 831.09, Florida Statutes (1977). 1 Appellee was charged with uttering a forged bill in violation of Section 831.09....
...im.P. 3.190(c)(4), it was explained that a zero had been pasted next to the two on all four corners of both sides of the bill. In support of his motion, appellee’s attorney argued that an altered two dollar bill was not one of the items covered by Section 831.09....
...harge upon the authority of State v. Peterson,
192 So.2d 293 (Fla. 2d DCA 1966). In Peterson this court held that the alteration of the numerals but not the written numbers on a bank check did not constitute the uttering of a forged instrument under Section
831.09....
...ords of the statute, uttered or tendered in *889 payment as true an altered bill with intent to defraud. Cf. State v. Charles,
341 So.2d 539 (Fla. 2d DCA 1977). This is a question of fact for the jury to decide. There remains the question of whether Section
831.09 includes this two dollar bill because the statute does not refer to currency or money....
...In a comprehensive analysis of a statute much like ours, the Massachusetts Supreme Court held that Federal Reserve notes are “issued by an incorporated banking company.” We reach a similar conclusion and hold that Federal Reserve notes are included within the enumeration of instruments described in Section 831.09....
