Florida/Georgia Personal Injury & Workers Compensation

...The Wolf court reasoned that petit theft (which is the broader offense, since it involves all forms of theft) was a necessarily lesser included offense of the more particularized offense of fraudulent use of a credit card, since "it is not possible to commit an offense under section 817.61 [the statute governing fraudulent use of a credit card] and not commit a theft...." Id....

...ey, goods, services or anything else of value: (1) by representing, without the consent of the cardholder, that one is the holder of a specified card, or (2) by representing that one is the holder of a card and such card has not in fact been issued. § 817.61, Fla....

...r to use the property of another," and a fraud completed through element (2)(b) will always satisfy the "obtaining or using the property of another" requirement of theft's element (1)(a). In other words, it is not possible to commit an offense under section 817.61 and not commit a theft; therefore, petit theft is a necessarily lesser included offense of fraudulent use of a credit card....

...rld ..." We agree, but we also conclude that the proof in this case was insufficient to establish Rodriguez committed any substantial or willful violations of the conditions of her probation. REVERSED. THOMPSON, C.J., and COBB, J., concur. NOTES [1] § 817.61 (Fla.Stat.1997)....

...Appellant's primary contention is that his sentence should have been limited to that which is prescribed for a first degree misdemeanor, since this would have been the maximum he could have received if he had been convicted under the applicable provision of the State Credit Card Crime Act, to wit: § 817.61, F.S.A....

...superseded by the penalty provisions of the later act. In Strada v. State, Fla. App.4th, 1972, 267 So.2d 702, that court went a step further and held that where the conduct of a defendant convicted under § 831.01, F.S.A., constituted a violation of § 817.61, F.S.A., the defendant was entitled to be sentenced under the more lenient penal provisions of the latter statute....

...There is nothing in the general forgery statutes to suggest that their penalty provisions have been repealed by the State Credit Card Crime Act. Had the state perceived that this argument would be made, a conviction might have been obtained under the third degree felony provisions of § 817.61, F.S.A., because the evidence actually reflected a series of alleged credit card forgeries within a six months' period totalling in excess of $100.00....

...fraudulent use of a credit card, is in contravention of section 775.021(4)(b)(2), Florida Statutes (1993), we must reverse. According to the trial court's order denying relief, Ross's convictions for fraudulent use of a credit card, in violation of section 817.61, Florida Statutes (1991), and grand theft, in violation of section 812.014(2)(c)(1), Florida Statutes (1991), arose out a single transaction. Because section 817.61 contains a monetary element, this case is controlled by State v....

and treble damages for violations of Fla. Stat. § 817.061. [3] Inside wire is used in both interstate and

...rted the conviction, thus distinguishing Medlock ). For the same reason, the trial court here also erred. Reversed and remanded for a new trial. See Quick v. State, 450 So.2d 880, 881 (Fla. 4th DCA 1984). SILBERMAN and LaROSE, JJ., Concur. NOTES [1] § 817.61, Fla....

...he card is used in person for a purchase. Armstrong also contends in this appeal that he could not be convicted of fraudulent use of a credit card because use of Lewis' PIN is not tantamount to representing himself as the cardholder, an element that section 817.61 requires under a plain reading of the statute....

fraudulent use of a credit card, a violation of section 817.61, Florida Statutes (2009), and for the violation

count of fraudulent use of a credit card, see § 817.61, two counts of theft from a person sixty-five

fraud*808ulent use of a credit card, in violation of section 817.61, Florida Statutes (1991), and grand theft,

founded, Section 831.01, was also a violation of Section 817.61, F.S.1969, F.S.A., which is a part of the State

JJ., concur. . § 831.01, Fla.Stat. (1991). . § 817.61, Fla.Stat. (1991).

credit card in order to establish a violation of section 817.61, Florida Statutes (1999), I respectfully dissent

Fraudulent Use of Credit Card in violation of Section 817.61, F.S. 1969, F.S.A., which is a part of the

fraudulent use of a credit card in violation of section 817.61, Florida Statutes (2016). On appeal he argues

conspiracy, be punished as provided in subsection (4). § 817.61, Fla.Stat. (1977), states in pertinent part: A

sentencing hearing, the state asserted that the section 817.61 counts were felonies because appellant used

credit card to obtain goods, in violation of section 817.61, Florida Statutes (1991). He pleaded nolo contendere

purchases of $25.99, 23.87, 37.96 and 32.23. Section 817.61, Florida Statutes (1981) outlaws the fraudulent

purchases of $25.99, 23.87, 37.96 and 32.23. Section 817.61, Florida Statutes (1981) outlaws the fraudulent

terms of the State Credit Card Act, specifically, § 817.61”. On July 29, 1971, the trial Court entered order

the victim contrary to section 817.61, Florida Statutes (1999). Section 817.61 is titled “Fraudulent use

This fraudulent use of credit cards violated section 817.61 of the Florida Statutes and constituted a third

forgery and uttering statutes rather than under § 817.61, Florida Statutes (the state credit card crime