ISAAC GARY CHAPPELL, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2016-06-24
No. 5D15-2761
LAWSON, C.J., ORFINGER and LAMBERT, JJ., concur.
200 So. 3d 159 Florida District Court of Appeal, Fifth District (2016) Positive Treatment
Cited by 3 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

Isaac Chappell was convicted of burglary and two counts of third-degree grand theft. The court affirmed the burglary and one grand theft conviction, but reversed the grand theft conviction for a stolen laptop and iPad because the State failed to present evidence of depreciation, an essential factor in establishing the $300 minimum value required for third-degree grand theft.


Holding

The court reversed the grand theft conviction for the laptop and iPad because the State failed to present evidence of depreciation, which is a critical factor in valuing computer equipment that can become obsolete quickly. The court held that evidence of original purchase price, condition, and manner of use alone is insufficient without depreciation evidence.


Headnotes

[1] To convict for grand theft, the State must prove the element of value beyond a reasonable doubt, which means the market value of the property at the time and place of the…

[2] In the absence of direct testimony of fair market value, the State may establish the value of stolen property through evidence of original market cost, the manner of use,…

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Key Quotes

“To convict for grand theft, the State must prove the element of value beyond a reasonable doubt.”

Establishes that value is an essential element that must be proven beyond a reasonable doubt for grand theft convictions

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Facts & Procedural History

Chappell was convicted of burglary of a dwelling and grand theft of various items including a laptop computer and iPad. The victim testified that he p…

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Opinion of the Court
PER CURIAM.

*160PER CURIAM.

Isaac Chappell, Jr., challenges the judgment and sentences he received after being convicted of burglary of a dwelling and two counts of third-degree grand theft. We affirm as to the burglary and one of the grand theft convictions without further discussion. However, we reverse the conviction and sentence for the grand theft involving the laptop computer and iPad because the evidence was insufficient to prove that the aggregate market value of these items at the time of the theft was $300 or greater as required by section 812.014(2)(c), Florida Statutes (2013).

As we explained in Smith v. State, 955 So.2d 1227 (Fla. 5th DCA 2007):

To convict for grand theft, the State must prove the element of value beyond a reasonable doubt.... “[V]alue” means “the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained the cost of replacement of the property within a reasonable time after the offense.” § 812.012(10)(a), Fla. Stat. (2005). “Value may be established by direct testimony of fair market value or through evidence of the original market cost of the property, the manner in which the items were used, the condition and quality of the items, and the percentage of depreciation of the items since their purchase.” Pickett [v. State ], 839 So.2d [860,] 861-62 [ (Fla. 2d DCA 2003) ]; see also J.M. v. State, 890 So.2d 369, 370 (Fla. 4th DCA 2004)....

955 So.2d at 1228 (additional citations omitted).

In the present case, there was no direct testimony from the victim of the fair market value of the iPad or laptop computer. Thus, pursuant to Smith, to establish the value of the stolen items in the absence of this testimony, the State needed to present evidence of (1) the original market cost of the property, (2) the manner in which the items were used, (3) the condition and quality of the items, and (4) the percentage of depreciation of the items since their purchase.’ Id. The State presented evidence as to the first three factors. The victim testified that he thought he paid $680 for the Toshiba laptop computer approximately three years earlier and that he had paid $700 for the iPad two years before the theft. Both the iPad and the laptop were in working condition on the date of the theft, with the victim describing the iPad as being in “excellent condition” with no dents, scratches, or damage and the laptop in “fair condition from normal wear and tear usage at work.”

However, no testimony was presented by the State as to the fourth factor — the percentage of depreciation of the iPad or the laptop. We have long recognized the importance of this last factor regarding the valuation of computer equipment because this type of equipment “can become obsolete very quickly” and, as a result, “the value of the stolen [computer] equipment [is] not ‘so obvious as to defy contradiction.’ ” See id. at 1229 (quoting Doane v. State, 847 So.2d 1015, 1017-18 (Fla. 5th DCA 2003)). The State argues that the above trial evidence was more than sufficient to demonstrate that the aggregate value of the iPad and laptop was at least $300. We disagree and hold that the evidence was insufficient to establish the stolen value of the iPad and laptop computer at the time of the theft. See id.; C.G. v. State, 123 So.3d 680, 682 (Fla. 5th DCA 2013).

Accordingly, we reverse Chappell’s judgment and sentence for the third-degree grand theft regarding the laptop computer and iPad and remand with instructions for the trial court to enter judgment and' sentence on this count under section *161812.014(3)(a), Florida Statutes (2013), for second-degree petit theft.1 See Smith, 955 So.2d at 1229; C.G., 123 So.3d at 682.

AFFIRMED, in part; REVERSED, in part; and REMANDED, with instructions.

LAWSON, C.J., ORFINGER and LAMBERT, JJ., concur.


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Citator

Cited By

  • Martin v. State, 229 So. 3d 889 (Fla. 5th DCA 2017)
    …ation in value). Accordingly; we affirm Martin’s burglary conviction, but revérse Martin’s judgment and sentence for grand 'theft and remand-with instructions for the trial court to enter a judgment of guilt for petit theft. See Chappell v. State, 200 So. 3d 159, 160 (Fla. 5th DCA 2016); Smith v. State, 955 So. 2d 1227, 1229 (Fla. 5th DCA 2007). AFFIRMED in part; REVERSED in part; and REMANDED. EVANDER, BERGER and WALLIS, JJ., concur,.…
  • Russell v. State (Fla. 2d DCA 2026)

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