J.O., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that an adjudication of delinquency for grand theft requires sworn testimony regarding the market value of the stolen property, which was absent in this case.
A juvenile was adjudicated delinquent for burglary and grand theft. The state did not present sworn testimony on the market value of the stolen items,…
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PER CURIAM.
J.O., a juvenile, appeals an adjudication of delinquency predicated on burglary, § 810.02, Fla.Stat. (1987), and grand theft, § 812.014, Fla.Stat. (1987). J.O. contends that because no sworn testimony was given during the trial about the value of the items stolen, his delinquency adjudication based upon grand theft must be reversed. We agree.
While the trial court heard negotiations of counsel as to the proper amount of restitution and the victim’s statement that “practically brand new” video equipment had been stolen, the state did not present evidence that the market value of the stolen property at the time of the theft was at least $300. See D.L. v. State, 546 So. 2d 454 (Fla. 3d DCA 1989); Evans v. State, 452 So. 2d 1040 (Fla. 2d DCA 1984); see also In Interest of F.R., 539 So. 2d 588 (Fla. 1st DCA 1989); F.W. v. State, 459 So. 2d 1129 (Fla. 3d DCA 1984); Taylor v. State, 425 So. 2d 1191 (Fla. 1st DCA 1983); Beasley v. State, 305 So. 2d 285 (Fla. 3d DCA 1974), cert. denied, 315 So. 2d 180 (Fla.1975); cf. Butler v. State, 354 So. 2d 437 (Fla. 3d DCA 1978) (owner may testify as to fair market value of stolen items at time of theft).
Accordingly, we affirm the adjudication of delinquency for burglary; we reverse the adjudication of delinquency for grand theft and remand with directions to adjudicate J.O. delinquent for petit theft. D.L. v. State, 546 So. 2d at 454; J.G. v. State, 544 So. 2d 317 (Fla. 3d DCA 1989); § 812.014(2)(d).
Affirmed in part; reversed in part.
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Randolph v. State, 608 So. 2d 573 (Fla. 5th DCA 1992)…)(l), Fla.Stat. (1989). . Piffner admitted that they sold the television and the microwave at a local convenience store, but he was not asked how much money they received from the sale. . "Value” is defined in section 812.012(9). . J.O. v. State, 552 So. 2d 1167 (Fla. 3d DCA 1989) (victim’s statement that “practically brand new” video equipment had been stolen was insufficient to prove property stolen had value of more than $300); Sori v. State, 477 So. 2d 49 (Fla. 2d DCA 1985) (evidence of nature of items…
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Wesly Dumervil v. State, 603 So. 2d 20 (Fla. 3d DCA 1992)…so argues that the trial court erred in adjudicating the defendant guilty of third-degree grand theft, claiming that the evidence was legally insufficient to establish the value of the stolen property at $300.00 or more. We agree. See J.O. v. State, 552 So. 2d 1167 (Fla. 3d DCA 1989); D.L. v. State, 546 So. 2d 454 (Fla. 3d DCA 1989); Evans v. State, 452 So. 2d 1040 (Fla. 2d DCA 1984). Accordingly, the conviction for grand theft must be reduced to petit theft. Finally, the defendant argues, and the State corr…
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O.B. v. State, 858 So. 2d 1278 (Fla. 3d DCA 2003)…104 (Fla.1974). A conviction on the more serious charge cannot be based, as it apparently was here, upon what must be the purely speculative conclusion that the bike “could not” have depreciated or its value diminished that much. See J.O. v. State, 552 So. 2d 1167 (Fla. 3d DCA 1989). Affirmed as modified.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Taylor v. State, 425 So. 2d 1191 (Fla. 1st DCA 1983)
- In the Interest of F.R., 539 So. 2d 588 (Fla. 1st DCA 1989)
- Beasley v. State, 305 So. 2d 285 (Fla. 3d DCA 1974)
- Grover Evans v. State, 452 So. 2d 1040 (Fla. 2d DCA 1984)
- F.W. v. State, 459 So. 2d 1129 (Fla. 3d DCA 1984)
- Newman v. Newman, 459 So. 2d 1129 (Fla. 3d DCA 1984)
- Butler v. State, 354 So. 2d 437 (Fla. 3d DCA 1978)
- Berkeley (Gulf), Inc. v. Bourdage, 315 So. 2d 180 (Fla. 1975)
- D.L. v. State, 546 So. 2d 454 (Fla. 3d DCA 1989)
- Magdalena Sofia Solernou v. Solernou, 544 So. 2d 317 (Fla. 3d DCA 1989)