Schlangen v. State
Docket: No. 98-00317
Court: District Court of Appeal of Florida; June 23, 1999; Florida; State Appellate Court
Cindy Schlangen's convictions for aggravated assault on an officer, battery on an officer, and obstructing an officer with violence are upheld, while her conviction and sentence for grand theft of a motor vehicle are vacated. The court determined that the evidence presented at trial was insufficient to support the grand theft conviction, as being a passenger in a stolen vehicle, with knowledge of its stolen status, does not constitute grand theft under existing law (Clayton v. State, 642 So.2d 53). The case is remanded for resentencing on the affirmed convictions, pending the impact of the vacated grand theft conviction, as the sentencing guidelines scoresheet is not available in the record. The judgment is affirmed in part, reversed in part, and remanded.