STEVEN DARST, APPELLANT/CROSS-APPELLEE,

v.

STATE OF FLORIDA, APPELLEE/CROSS-APPELLANT

Citator

Cited By

• A.D. v. State, 30 So. 3d 676 (Fla. 3d DCA 2010)
  …); Smith v. State, 955 So. 2d 1227 (Fla. 5th DCA 2007); Toler v. State, 779 So. 2d 594 (Fla. 2d DCA 2001). An estimate of the value of the items, without more, is insufficient. See Jones v. State, 958 So. 2d 585 (Fla. 2d DCA 2007); Sellers v. State, 838 So. 2d 661 (Fla. 1st [*678] DCA 2003); Gilbert v. State, 817 So. 2d 980 (Fla. 4th DCA 2002); Toler, 779 So. 2d at 595. Because the State concedes that insufficient evidence was presented as to the value of the cell phone, fishing rods, and iPod, we address on…
• Sanchez v. State, 101 So. 3d 1283 (Fla. 4th DCA 2012)
  …the value of the property is estimated and no other proof is presented,” the owner’s evidence is insufficient to prove fair market value. Gilbert, 817 So. 2d at 982; see also Blount v. State, 30 So. 3d 662, 663 (Fla. 4th DCA 2010); Sellers v. State, 838 So. 2d 661, 662-63 (Fla. 1st DCA 2003); Toler v. State, 779 So. 2d 594, 595 (Fla. 2d DCA 2001). For example, in Gilbert, the State asked the owner to “roughly ” approximate the value that the victim had paid for the property that was stolen. 817 So. 2d at 982…
• White v. State, 993 So. 2d 611 (Fla. 1st DCA 2008)
  …vidence is insufficient, as a matter of law, to establish the value element because it has no probative value regarding the generator’s value at the time of the theft. E.g., D.H. v. State, 864 So. 2d 588, 588-89 (Fla. 2d DCA 2004); Sellers v. State, 838 So. 2d 661, 662-63 (Fla. 1st DCA 2003); Gilbert v. State, 817 So. 2d 980, 982 (Fla. 4th DCA 2002); Taylor v. State, 425 So. 2d 1191, 1193-94 (Fla. 1st DCA 1983). We find without merit the state’s argument that evidence regarding value on the date of the theft…

Authorities Cited

• Gayson Mills v. State, 822 So. 2d 1284 (Fla. 2002)
• Darst v. State, 816 So. 2d 680 (Fla. 5th DCA 2002)
• State v. Darst, 837 So. 2d 394 (Fla. 2002)