DEBRA LANE KENNEDY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• I.T. v. State, 796 So. 2d 1220 (Fla. 4th DCA 2001)
  …tate, 575 So. 2d 1372, 1373 (Fla. 4th DCA 1991)(owner demonstrated cost of stolen bicycle by testifying as to the purchase price and the costs expended on improving the bicycle and its condition at the time of the theft); see also Randolph v. State, 608 So. 2d 573 (Fla. 5th DCA 1992)(state failed to prove that value of stolen property was over $300 where it presented no description of the stolen items or testimony as to their age or condition; no evidence of purchase price or replacement cost); S.M.M. v. Stat…
• D.H. v. State, 864 So. 2d 588 (Fla. 2d DCA 2004)
  …nder circumstances similar to these. See Pickett, 839 So. 2d 860; Weatherspoon v. State, 419 So. 2d 404 (Fla. 2d DCA 1982); Soderman v. State, 844 So. 2d 823 (Fla. 5th DCA 2003); I.T. v. State, 796 So. 2d 1220 (Fla. 4th DCA 2001); Randolph v. State, 608 So. 2d 573 (Fla. 5th DCA 1992). We reject the State’s argument that the description of the items stolen, by their sheer number and type, indicates a value over $300. See Doane v. State, 847 So. 2d 1015, 1018 (Fla. 5th DCA 2003). Reversed and remanded. NORT…
• A.D. v. State, 30 So. 3d 676 (Fla. 3d DCA 2010)
  …$300 “ ‘is so obvious as to defy contradiction’”) (quoting Jackson, 413 So. 2d at 114-115 (Fla. 2d DCA 1982) (reasonable persons could not doubt that value of less than one-year old, operable 37-foot sail boat was $100 or more)); Randolph v. State, 608 So. 2d 573, 574 (Fla. 5th DCA 1992) (“There are, of course, cases in which the minimum value of an item of property is ‘so obvious as to defy contradiction.’ ” (quoting Jackson v. State, 413 So. 2d at 114-115)). We decline the State’s invitation to find that t…

Authorities Cited

• Williams v. State, 594 So. 2d 273 (Fla. 1992)
• Smith v. State, 605 So. 2d 1002 (Fla. 1st DCA 1992)