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Court clears McMullan of theft charges

By Lawrence J. Lebowitz

KISSIMMEE - An appeal court has cleared former Kissimmee Commissioner Bill McMullan of two felony grand theft charges that he schemed to avoid paying impact fees that he voted to enact.

The 5th District Court of Appeal in Daytona Beach on Tuesday upheld the June 1990 ruling by state Circuit Judge Belvin Perry to toss out the theft charges against McMullan.

The charges, filed in December 1989, involved thousands of dollars in impact fees that McMullan failed to pay for Sun Plaza II, an office building he was developing in Kissimmee.

McMullan's attorney, Russell Troutman, was exultant at "this little bit of vindication" for his client.

"Mr. McMullan has contended all along he was not guilty," Troutman said.

Troutman said McMullan would have no comment on the ruling. McMullan, who is free on $2,500 bail, still faces a single count of issuing a worthless check. Troutman said he believes McMullan will be cleared of that charge as well.

The trial on the remaining charge was delayed while the appeal court was asked to reinstate the theft charges.

Each of the theft counts that were dismissed carried a sentence of up to 15 years in prison. If convicted on the worthless-check charge, McMullan could face up to five years in prison.


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