DEAN COOK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Cook was convicted of burglary and grand theft. The court affirmed his grand theft conviction based on sufficient evidence of property value, but reversed his violent career criminal sentence enhancement because the prior convictions did not meet statutory requirements for separate sentencing.
The grand theft conviction is affirmed because the value of stolen property can be established through multiple means including original market cost and depreciation. However, the violent career criminal enhancement is reversed and the case is remanded for resentencing because the prior convictions failed to comply with section 775.084(5), which requires that convictions be sentenced separately prior to the current offense and separately from any other felony conviction counted toward the enhancement.
[1] Proof of the value of stolen property may be established through evidence of original market cost, the item's use, its general condition and quality, and the percentage o…
[2] To qualify as a violent career criminal, a defendant must have at least three prior convictions.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“proof may be established through ... original market cost, manner in which the item has been used, its general condition and quality, and the percentage of depreciation since its purchase or construction.”
Establishes the multiple acceptable methods for proving property value in a grand theft case, supporting affirmance of the grand theft conviction.
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Join FLexlaw to unlock all legal intelligenceCook was convicted of burglary and grand theft. The state introduced evidence of nine previous convictions, but these convictions were entered on two …
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FARMER, C.J.
Defendant was convicted of burglary and grand theft. He contends that he was improperly convicted of grand theft because the state failed to introduce competent substantial evidence that the value of the stolen property exceeded $300. §'812.014(2)(c)(l), Fla. Stat. (2003). We disagree and affirm his conviction. See Gilbert v. State, 817 So. 2d 980, 982 (Fla. 4th DCA 2002) (“[also] proof may be established through ... original market cost, manner in which the item has been used, its general condition and quality, and the percentage of depreciation since its purchase or construction.”).
Defendant also contends that the trial court erred by qualifying him as a violent career criminal because the convictions relied upon by the state were part of the same sentencing proceeding. To be deemed a violent career criminal, a defendant must have at least three qualified prior convictions. § 775.084(l)(d), Fla. Stat. (2002). Section 775.084(5) also requires:
“In order to be counted as a prior felony for purposes of sentencing under this section, the felony must have resulted in a conviction sentenced separately prior to the current offense and sentenced separately from any other felony conviction that is to be counted as a prior felony.”
Although the state adduced evidence that defendant had nine previous convictions, it failed to show that they complied with section 775.084(5). In this instance the convictions were entered on two separate dates. See Ford v. State, 814 So. 2d 1121, 1122 (Fla. 4th DCA 2002) (holding three previous convictions insufficient because “there were two different dates of adjudication”); Warner v. State, 798 So. 2d 885, 886 (Fla. 4th DCA 2001) (10 prior convictions “entered on the same date in the same sentencing proceeding ... [unqualified] as sequential prior convictions for habitual felony offender qualification.”). Because the State faded to offer evidence that the convictions submitted involved at least three separate offenses, the sentence must be reversed and remanded for resentencing. Wainer, 798 So. 2d at 886; Mitchell v. State, 780 So. 2d 282, 283 (Fla. 4th DCA 2001).
SHAHOOD and TAYLOR, JJ., concur.
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State v. Ransom Louis Collins, 985 So. 2d 985 (Fla. 2008)…competent evidence of date of defendant’s release from prison); Riser v. State, 898 So. 2d 116 (Fla. 2d DCA 2005) (resentencing ordered where State failed to show predicate offenses as enumerated in section 775.084, Florida Statutes); Cook v. State, 893 So. 2d 653 (Fla. 4th DCA 2005) (resentencing ordered where State failed to show that defendant’s prior convictions involved at least three different offenses); Klauer v. State, 873 So. 2d 555 (Fla. 1st DCA 2004) (resentencing ordered where State failed to prov…
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Sw. Acceptance Fin. Co. v. Schauer, 804 So. 2d 542 (Fla. 2d DCA 2002)…tablish that the husband presently has a sufficient financial interest in one or more of the petitioners’ businesses, aside from his employment, before they can be required to produce records not directly related to his employment. Palmer v. Servis, 893 So. 2d 653 (Fla. 5th DCA 1981). We have reviewed the interrogatories and find that several questions weave together the husband’s employment financial interest with records of the petitioners which may be unrelated. We therefore grant the petition for writ of…
Authorities Cited
- Gilbert v. State, 817 So. 2d 980 (Fla. 4th DCA 2002)
- Wainer v. State, 798 So. 2d 885 (Fla. 4th DCA 2001)
- Mitchell v. State, 780 So. 2d 282 (Fla. 4th DCA 2001)
- Wilson v. State, 814 So. 2d 1121 (Fla. 4th DCA 2002)
- Ford v. State, 814 So. 2d 1121 (Fla. 4th DCA 2002)