Dubois v. State
The Sixth DCA reversed a misdemeanor conviction for contracting without a license under section 489.127(1)(f), holding the State failed to introduce any competent evidence that the defendant's contract with the homeowner required her to install a generator in a manner that would 'alter' or 'add to' a building or structure, a required element of the offense. Because the State presented no evidence of the actual terms of the contract regarding installation, the trial court erred in denying the motion for judgment of acquittal.
Key facts
- Defendant was charged with contracting without a license under section 489.127(1)(f) for entering into a contract with a homeowner involving a generator installation.
- At trial, the State presented evidence that a contract existed and that the defendant lacked proper licensing, but introduced no evidence regarding the specific terms of the contract or how the generator installation would alter or add to the structure.
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Why it matters
This opinion is useful to criminal defense practitioners handling unlicensed-contracting prosecutions under section 489.127, as it clarifies that the State must present concrete evidence of the contractual scope of… — full analysis with a trial
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