M.K.L., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant challenges the order withholding adjudication and sentencing her to 180 days of community control. We agree with appellant’s contention that the evidence was insufficient to convict her of grand theft, and reverse her conviction for that offense. We find no error in appellant’s conviction and sentence on the burglary charge and, therefore, affirm that conviction.
In order to establish grand theft, the state must prove that the property taken has a value of $300 or more. § 812.014(l)(c)l, Fla. Stat. (1993). The only evidence presented by the state was that a radar detector and wallet were taken from the victim’s vehicle. Since there was no evidence that the property was worth $300 or more, the evidence was insufficient to prove the offense of grand theft. M.H. v. State, 614 So. 2d 657 (Fla. 2d DCA 1993). Accordingly, appellant’s conviction for grand theft is reduced to petit theft.
Affirmed in part, reversed in part.
RYDER, A.C.J., and CAMPBELL and FRANK, JJ., concur.
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Edler v. State, 673 So. 2d 970 (Fla. 1st DCA 1996)…rder summarily denying several, but not all, points in a motion to vacate a judgment and sentence is not appealable); see also Ferguson v. State, 647 So. 2d 1076 (Fla. 5th DCA 1994) (dismissing without prejudice, citing White)-, cf. Gowins v. State, 662 So. 2d 1348 (Fla. 5th DCA 1995) (holding that an order granting in part and denying in part a motion for postconvietion relief is not appeal-able). We therefore dismiss the appeal, without prejudice to appeal an order disposing of all the issues raised by Edl…
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McGRIFF v. State, 721 So. 2d 839 (Fla. 5th DCA 1998)…rom that order. Since this issue was not raised by the state, sua sponte, we dismiss this appeal for-lack of jurisdiction. See Smith v. State, 703 So. 2d 1165 (Fla. 5th DCA 1997); Gordon v. State, 688 So. 2d 995 (Fla. 5th DCA 1997); Gowins v. State, 662 So. 2d 1348 (Fla. 5th DCA 1995). DISMISSED. GRIFFIN, C.J., and COBB, J., concur.…
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Gordon v. State, 688 So. 2d 995 (Fla. 5th DCA 1997)…circumstance, where a trial court denied some relief requested pursuant to a Rule 3.850 motion, but ordered an evidentiary hearing on other grounds raised by the motion, we held the ruling was not final and thus not appealable. See Gowins v. State, 662 So. 2d 1348 (Fla. 5th DCA 1995). Accordingly, this appeal is sua sponte dismissed. DISMISSED sua sponte. THOMPSON and ANTOON, JJ., concur.…
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- M.H. v. State, 614 So. 2d 657 (Fla. 2d DCA 1993)