ROLANDO BALLESTEROS, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• A.D. v. State, 30 So. 3d 676 (Fla. 3d DCA 2010)
  …reciation pursuant to the test set forth in Negron v. State, 306 So. 2d 104 (Fla.1974),1 or testimony as to replacement cost if market value cannot be satisfactorily ascertained. See K.W. v. State, 13 So. 3d 90 (Fla. 3d DCA 2009); Bloodsaw v. State, 994 So. 2d 378 (Fla. 3d DCA 2008). Because the value of the stolen items is an essential element of the offense, the value must be established beyond a reasonable doubt. See Jackson v. State, 23 So. 3d 206 (Fla. 4th DCA 2009); Smith v. State, 955 So. 2d 1227 (Fla.…
• K.W. v. State, 13 So. 3d 90 (Fla. 3d DCA 2009)
  …he commission of a first degree petit theft, the State was required to prove that the stolen property’s value exceeded $100. Generally, and no exception is applicable here, “value means fair market value at the time of the theft.” Bloodsaw v. State, 994 So. 2d 378, 379 (Fla. 3d DCA 2008) (citing § 812.012(10)(a)(1), Fla. Stat. (2003)). Where a witness has personal knowledge regarding the stolen property, the value of the property may be established by direct testimony of its fair market value (usually by the…
• J.P. v. State, 35 So. 3d 180 (Fla. 3d DCA 2010)
  …ately $800, that the projectors were brand new when installed in March 2008, that the crime occurred only two months later in May 2008, and that it would cost another $800 to replace each stolen projector. Appellant’s reliance on Bloodsaw v. State, 994 So. 2d 378 (Fla. 3d DCA 2008) is misguided. In Bloodsaw, we reversed a conviction for grand theft where the State never asked an electrician for his opinion of the value of his tools on the date they were stolen, despite having asked about the cost, manner of…

Authorities Cited

• Hunter v. State, 817 So. 2d 786 (Fla. 2002)