429 So. 2d 836 | Fla. Dist. Ct. App. | 1983
Because theft under Section 812.-014, Florida Statutes (1981), is a crime requiring proof of specific criminal intent, State v. Lewis, 364 So.2d 1223 (Fla.1978); State v. Allen, 362 So.2d 10 (Fla.1978), voluntary intoxication is a defense thereto.
Affirmed.
. The defendant was also convicted of possession of methaqualudes, see § 893.13(l)(e), Fla. Stat. (1981), an offense which does not require proof of specific intent and to which, therefore, voluntary intoxication is not a defense. See State v. Medlin, 273 So.2d 394 (Fla. 1973) (unless statute prohibiting act specifically requires criminal intent, intent is furnished by the doing of the act itself and need not otherwise be proved by the State); Broic v. State, 79 So.2d 775 (Fla.1955) (State need not prove criminal intent of defendant found in intoxicated state in possession of narcotics).
. While most cases involve a showing that the defendant was intoxicated immediately preceding or at the time of the crime, see, e.g., Edwards v. Russell, 428 So.2d 357 (Fla.3d DCA 1983); Fouts v. State, 374 So.2d 22 (FIa.2d DCA 1979), overruled on other grounds, Parker v. State, 408 So.2d 1037 (Fla.1982); Mellins v. State, 395 So.2d 1207 (Fla. 4th DCA 1981), a showing that defendant was intoxicated imme