GREGORY WENDELL LEWIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1981-09-09
No. No XX-399
LARRY G. SMITH and SHIVERS, JJ., concur.
403 So. 2d 568 Florida District Court of Appeal, First District (1981) Caution
Cited by 2 cases

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Synopsis

Gregory Lewis was convicted of burglary and grand larceny of calculators from the Tallahassee Urban League Building. On appeal, Lewis challenged the trial court's admission of Reverend Ferrell's testimony regarding the value of the stolen calculators, claiming Ferrell lacked proper qualification under Angel v. State.


Holding

The trial court did not err in allowing Ferrell's valuation testimony. Although Angel v. State established certain ownership requirements, Ferrell's testimony demonstrated sufficient constructive possession and personal familiarity with the stolen property to qualify him to provide value opinion evidence for jury consideration.


Headnotes

[1] A witness's testimony regarding the value of stolen property is admissible if the witness has constructive possession and personal familiarity with the property, even if…

[2] Failure to object to testimony on hearsay or best evidence grounds at trial waives those objections on appeal.

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Key Quotes

“Unlike Angel, however, appellant made no objection to Ferrell's testimony on hearsay or best evidence grounds.”

Establishes that the court distinguishes this case from precedent based on the nature of objections made

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Facts & Procedural History

Lewis was convicted of burglary of a structure and grand larceny involving two calculators stolen from the Tallahassee Urban League Building on June 1…

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Opinion of the Court
McCORD, Judge.

McCORD, Judge.

Appellant was convicted of burglary of a structure (the Tallahassee Urban League Building) and grand larceny. Among other points raised, appellant contends the trial court erred in permitting Reverend Ernest Ferrell to testify as to the value of two calculators which were stolen from the building; that pursuant to Angel v. State, 305 So. 2d 283 (Fla. 1st DCA 1974), Reverend Ferrell was not the owner of the calculators and was not shown to be qualified to state his opinion as to their value at the time of the theft. Unlike Angel, however, appellant made no objection to Ferrell’s testimony on hearsay or best evidence grounds. Reverend Ferrell, President of the Tallahassee Urban League (the owner of the calculators), testified without objection that the two calculators were less than a year old, were practically new, and cost $159 each when purchased. After so testifying, the state asked Reverend Ferrell if he had an opinion as to their value on June 11,1979, the date of the burglary and larceny. At that point, appellant’s counsel objected, stating as his sole ground:

“There’s been no showing that Reverend Ferrell is the owner of those items and therefore he is not qualified to testify as to their value.”

The objection was overruled and Ferrell testified that in his opinion they were worth more than $100 at that time. His testimony, unrefuted and unchallenged by cross-examination, showed his constructive possession and personal familiarity with the stolen property sufficient for consideration by the jury.

We have considered appellant’s remaining points and find them to be without merit.

AFFIRMED.

LARRY G. SMITH and SHIVERS, JJ., concur.


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Citator

Cited By

  • Taylor v. State, 425 So. 2d 1191 (Fla. 1st DCA 1983)
    …ised by defense counsel to Edwards’ testimony as to the property’s value was that no predicate had been established that the “witness had any idea as to fair market value.” This objection, unlike that raised before the trial court in Lewis v. State, 403 So. 2d 568 (Fla. 1st DCA 1981), squarely placed the court below on notice that the witness’ testimony as to market value was incompetent.1 As such, this case falls within the ambit of the rule announced in Negron v. State, 306 So. 2d 104 (Fla.1974), holding th…

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