Erica Sandra Kay

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Charge:	Theft (Grand)
Sentence:	5 years probation
Years Imprisoned:
Year Crime:	2007
Year Convicted:	2009
Year Cleared:	2010
U.S. State or Country of Crime:	Florida
County or Region of Crime:	Bay
City of Crime:
Result:	Judicially Exonerated
Summary of Case:	"Erica Sandra Kay was wrongly convicted in 2009 of grand theft. Kay ran a Bay County home decor and furniture refinishing business, and the prosecution alleged she took money from customers from July to August 2007, then closed up shop and left town. They also alleged that as of early 2009 she had failed to repay the customers involved. Kay's defense was she was running a legitimate business, got sick and simply fell behind and could not complete the work or repay the customers. Kay was convicted after a bench (judge only) trial, and she was sentenced to five years probation. On November 22, 2010 Florida's First District Court of Appeal overturned Kay's conviction on the ground that the state did not prove the requisite criminal intent required to convict someone of grand theft."
Conviction Caused By:	The trial judge allowed her conviction without requiring the prosecution to present evidence of all essential elements of grand theft.
Innocence Proved By:	"On November 22, 2010 Florida's First District Court of Appeal overturned Kay's conviction on the ground that the state did not prove the requisite criminal intent required to convict someone of grand theft."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	58
Age When Released:
Sex:	Female
Skin/Ethnicity:
Information Source 1:	"Erica Kay v. State of Florida, No. 1D09-5175 (FL First Dist Ct of Appeal, 11-22-2010)"
Information Location 1:	http://opinions.1dca.org/written/opinions2010/11-22-2010/09-5175.pdf
Information Source 2:	"Overturned conviction might mean lawsuit, By S. Brady Calhoun (staff), Tribune Business News, May 9, 2011"
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Erica Sandra Kay

Charge:

Theft (Grand)

Sentence:

5 years probation

Years Imprisoned:

Year Crime:

2007

Year Convicted:

2009

Year Cleared:

2010

U.S. State or Country of Crime:

Florida

County or Region of Crime:

Bay

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

The trial judge allowed her conviction without requiring the prosecution to present evidence of all essential elements of grand theft.

Innocence Proved By:

"On November 22, 2010 Florida's First District Court of Appeal overturned Kay's conviction on the ground that the state did not prove the requisite criminal intent required to convict someone of grand theft."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

58

Age When Released:

Sex:

Female

Skin/Ethnicity:

Information Source 1:

"Erica Kay v. State of Florida, No. 1D09-5175 (FL First Dist Ct of Appeal, 11-22-2010)"

Information Location 1:

http://opinions.1dca.org/written/opinions2010/11-22-2010/09-5175.pdf

Information Source 2:

"Overturned conviction might mean lawsuit, By S. Brady Calhoun (staff), Tribune Business News, May 9, 2011"

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Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case: