JORDAN BEASLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant was found guilty of grand theft. He appeals the judgment of conviction and sentence, contending the trial court erred in 1) refusing to declare appellant indigent and appoint counsel, and 2) in sentencing appellant for grand theft.
We find no merit in appellant’s first contention. However, there is merit in two aspects of his second argument.
Appellant was charged with grand theft of a second hand television set only. The only proof of value was proof of the cost of the television set and a stand. Thus, upon authority of Edge v. State, 372 So. 2d 1162 (Fla. 1st DCA 1979), we reverse the judgment of conviction and sentence and remand the cause to the trial court with directions to vacate the judgment and sentence for grand theft and to enter judgment for petty theft and resentence appellant accordingly.
REVERSED AND REMANDED with directions.
LETTS, C. J., and DOWNEY and HERSEY, JJ., concur.
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Taylor v. State, 425 So. 2d 1191 (Fla. 1st DCA 1983)…e the state was unable to prove that the “CB” was worth $100 or more at the time of theft, we reverse-the conviction of grand theft of the “CB” and remand, directing the lower court to enter a judgment and sentence for petit theft. Beasley v. State, 394 So. 2d 201 (Fla. 4th DCA 1981); see § 812.014(2)(c), Fla.Stat. Appellant’s second point is that the theft of the “CB” and beer truck was one act, as opposed to two separate acts of theft, and that he could therefore only be sentenced to one charge of theft. T…
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Jones v. State, 408 So. 2d 690 (Fla. 2d DCA 1982)…ting some legally admissible proof of market value. Appellant suggests that we should reduce his conviction to petit theft because this is usually done when the state fails to prove the requisite value in a grand theft case. E.g., Beasley v. State, 394 So. 2d 201 (Fla. 4th DCA 1981). Here, however, the court’s error was not in failing to grant appellant’s motion for acquittal because if we assume, as the court did, that Mr. McClung’s testimony was admissible, the court properly denied the motion. The error o…
Authorities Cited
- Edge v. State, 372 So. 2d 1162 (Fla. 1st DCA 1979)