HARRY AUSTIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Harry Austin appealed his conviction for burglary, grand theft, cocaine possession, drug paraphernalia possession, and resisting an officer. The court affirmed most convictions but reversed the grand theft conviction, finding insufficient evidence that the stolen laptop computer had a value of $300 or greater as required for felony grand theft, and remanded for entry of judgment on the lesser included offense of petit theft.
The court reversed Austin's grand theft conviction and remanded with directions to enter judgment for the lesser included offense of petit theft. The evidence did not establish beyond a reasonable doubt that the laptop's value was $300 or greater at the time of theft, particularly given that electrical components like computers are subject to accelerated obsolescence.
[1] An owner is generally presumed competent to testify to the value of their stolen property, provided they have personal knowledge of the property.
[2] Proof of property value in a theft case may be established through original market cost, the manner in which the item was used, its general condition and quality, and the…
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Join FLexlaw to unlock all legal intelligence“For a charge of grand theft, the state had the burden of proving, inter alia, that the value of the property stolen was $300 or greater.”
Establishes the state's burden of proof for grand theft charges under Florida law
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Join FLexlaw to unlock all legal intelligenceAfter a jury trial, Harry Austin was convicted of burglary of a dwelling, grand theft, cocaine possession, drug paraphernalia possession, and resistin…
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After a jury trial, appellant, Harry Austin, was found guilty of burglary of a dwelling, grand theft, possession of cocaine, possession of drug paraphernalia and resisting an officer without violence. He raises four issues in this appeal, three of which we find to be without merit and affirm. As to Austin’s conviction for grand theft, because the evidence presented by the state was insufficient to prove beyond a reasonable doubt that the value of the property stolen was $300 or greater as required in a prosecution for grand theft, we reverse with directions to enter judgment for the lesser included offense of petit theft and resentence him on that count.
For a charge of grand theft, the state had the burden of proving, inter alia, that the value of the property stolen was $300 or greater. See § 812.014(2)(c), Fla. Stat. (2005). Section 812.012(10)(a)l., Florida Statutes (2005), defines “value” as “the market value of the property at the time and place of the offense.” “The value of tangible personal property may be proved with evidence of the original purchase price, together with the percentage or amount of depreciation since the property’s purchase, its manner of use, and its condition and quality.” Fritts v. State, 58 So.3d 430, 431 (Fla. 1st DCA 2011) (citation omitted).
The property owner testified that his parents paid about $1500 for the laptop computer which was stolen two years later. When asked how much it would cost to replace it with a similar computer, the property owner answered “a couple hundred dollars.” He further testified that it would cost at least $500 or $600 to get a new laptop computer with the same programs but he did not know how much a used laptop identical to his would cost. Although the property owner testified to what was paid for the laptop and when he acquired it, this testimony did not establish beyond a reasonable doubt that its value was $300 or greater at the time of the theft, especially considering the nature of the property. “Electrical components like televisions, computers, and stereo systems are subject to accelerated obsolescence because manufacturers are constantly releasing new, improved technology at lower prices.” Lucky v. State, 25 So.3d 691, 692 (Fla. 4th DCA 2010).
Because the evidence does not sustain the grand theft conviction pursuant to section 924.34, Florida Statutes (2011), we reverse the conviction for felony grand theft and remand with directions to enter judgment for the lesser included offense of petit theft, a misdemeanor, and to resen-tence Austin on this count. We affirm as to all other counts.
Affirmed in Part; Reversed in Part and Remanded with Directions.
GROSS, C.J., HAZOURI and GIKLIN, JJ., concur.
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Citator
Cited By
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Olivera v. State, 117 So. 3d 433 (Fla. 4th DCA 2013)…)l., Fla. Stat. (2009). We have “previously held that mere evidence of the purchase price of an electronic device is insufficient to establish its current value.” Aycock v. State, 87 So. 3d 1259, 1260 (Fla. 4th DCA 2012). See, e.g., Austin v. State, 64 So. 3d 139 (Fla. 4th DCA 2011). The state, therefore, failed to prove the market value of the items was $100 or more at the time of the offense. §§ 812.012(10)(a)l., 812.014(2)(d), Fla. Stat. (2009). As a result, we reverse the conviction for grand theft and d…
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M.S.O. v. State, 73 So. 3d 842 (Fla. 4th DCA 2011)…able doubt. See id. (“Electrical components like televisions, computers, and stereo systems are subject to accelerated obsolescence because manufacturers are constantly releasing new, improved technology at lower prices.”). See also Austin v. State, 64 So. 3d 139, 140 (Fla. 4th DCA 2011) (holding evidence insufficient to establish value of $300 or more where laptop computer was purchased for $1500 and stolen two years later, could be replaced with a “similar computer” for “a couple hundred dollars,” and “it…
Authorities Cited
- Lucky v. State, 25 So. 3d 691 (Fla. 4th DCA 2010)
- Fritts v. State, 58 So. 3d 430 (Fla. 1st DCA 2011)