JOHNIE AKWAN WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2016-05-11
No. 4D14-2994
STEVENSON and GERBER, JJ., concur.
191 So. 3d 949 Florida District Court of Appeal, Fourth District (2016) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Appellant was convicted of burglary and grand theft after stealing a laptop. The court reversed the grand theft conviction because the state presented insufficient evidence of the laptop's value at the time of theft, establishing only its original purchase price without evidence of depreciation or current market value.


Holding

No. The court reversed the grand theft conviction and remanded for entry of a judgment for second-degree petit theft. Evidence of purchase price and age alone, without evidence of depreciation, condition, manner of use, or market value, is insufficient to establish the value of stolen property at the time of theft.


Headnotes

[1] To prove third-degree grand theft, the State must establish that the stolen property had a fair market value of $300 or more, but less than $5000.

[2] The fair market value of stolen property can be established by direct testimony of its value at the time of the theft.

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Key Quotes

“Absent direct-testimony of the market value of the property, proof may be established through the following factors: 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 legal standard for proving value of stolen property when direct testimony is unavailable.

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Facts & Procedural History

Appellant broke into a house and stole a Dell laptop in August 2013. The victim testified that the laptop had a value of $800 because she purchased it…

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Opinion of the Court
LEVINE, J.

LEVINE, J.

The issue in this appeal is whether there was sufficient evidence of the value of a stolen laptop to support appellant’s conviction for third-degree grand theft. Because the state introduced evidence of only the parchase price of the laptop, and no other evidence of the value of the laptop at the time of the theft, we reverse and remand for entry of a judgment and sentence for second-degree petit theft.

*950Appellant broke into a house and stole a Dell laptop in August 2013. The victim testified that the laptop had a value of $800 because she purchased it for that amount in 2012. Appellant moved for a judgment of acquittal on the grand theft charge, arguing that the state presented insufficient evidence as to the value of the laptop. The trial court denied the motion. After a jury verdict, the trial court adjudicated appellant guilty of. burglary of ■ a’ dwelling and grand theft. On appeal, appellant challenges only his conviction for grand theft. He does not raise any issues with respect to his. burglary conviction.

To establish third-degree grand theft, the state must prove that the value' of the stolen property at the time of the theft was $300 or more. §§ 812.012(10)(a)(l), 812.014(2)(c)(l), Fla. Stat. (2013). “Absent direct-testimony of the market value of the property, proof may be established through the following factors: 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.” Tindal v. State, 145 So.3d 915, 920 (Fla. 4th. DCA 2014)- (citation omitted). “Evidence of the purchase price and age of the stolen item, without moire, is insufficient.” Id.

Tindal is dispositive on this issue. In that case, the victim testified to the purchase price of a laptop in 2007 and the amount it would have cost to replace it two years later when it was stolen. This court reversed the trial court’s denial of the defendant’s motion for judgment of acquittal on the grand theft charge, and instructed the trial court to reduce the conviction to second-degree petit theft.

Like in Tindal, here the state introduced evidence of only the purchase price and the age of the laptop. There was no other evidence of market -value such as the manner in which the item was used, its general condition and quality, and the percentage of depreciation. The state argues that ■ unlike in Tindal, here the laptop was stolen only one year after its purchase, whereas in Tindal it was stolen two years after its purchase. We find the difference between a' one-year-old laptop and a two-year-old laptop is not significant enough to the issue of the value of the stolen item at the time of the theft. “Electrical components like ... computers ... 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).

In sum, because the evidence was insufficient to establish the value of the laptop at the time of the theft, we reverse the conviction for grand theft and remand for entry of a conviction for second-degree petit theft. Because appellant does not contest his burglary conviction, that conviction stands.

, Reversed and remanded for entry of a conviction and sentence for second-degree petit theft.

STEVENSON and GERBER, JJ., concur.


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Citator

Cited By

  • Cheyenne Gonzalez v. State, 275 So. 3d 766 (Fla. 3d DCA 2019)
    …se price of the stolen item but no evidence establishing the condition, quality, age, or depreciation of the item at the time it was stolen.” Bagnara v. State, 189 So. 3d 167, 171-72 (Fla. 4th DCA 2016) (quotation omitted); compare Walker v. State, 191 So. 3d 949 (Fla. 4th DCA 2016) (holding there was insufficient evidence to establish value where the victim testified that the year-old laptop was purchased for $800, but the State presented no evidence on manner in which the stolen laptop was used, its genera…
  • Russell v. State (Fla. 2d DCA 2026)

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