J. R.
v.
STATE OF FLORIDA

Fla. 2d DCA | 2024-02-23
No. 22-3946
2024 FL 1932 Florida District Court of Appeal, Second District (2024)

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Holding

Insufficient evidence of the requisite value element requires reversal of first-degree petit theft adjudication and remand for adjudication of the lesser included offense of second-degree petit theft.


Headnotes

[1] Insufficient evidence of the dollar value threshold required by statute mandates reversal of a first-degree petit theft conviction and remand for adjudication on the less…

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Facts & Procedural History

J.R. was adjudicated delinquent of nine offenses. The State failed to present sufficient evidence of the value necessary to prove first-degree petit t…

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Opinion of the Court

PER CURIAM.

J.R. appeals an order adjudicating him delinquent of nine offenses.

We agree, and the State concedes, that there was insufficient evidence to

prove the value necessary for first-degree petit theft. See § 812.014(2)(e),

Fla. Stat. (2022). Accordingly, we reverse the adjudication of delinquency

for first-degree petit theft and remand for the trial court to adjudicate

2

J.R. guilty of second-degree petit theft. See § 812.014(3)(a). We affirm

the remaining adjudications of guilt.

Affirmed in part, reversed in part, and remanded.

NORTHCUTT, MORRIS, and LABRIT, JJ., Concur.

Opinion subject to revision prior to official publication.


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