RONALD CARL PENNINGTON, JR.
v.
STATE OF FLORIDA
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Evidence was insufficient as a matter of law to establish that the market value of items stolen from a residence exceeded $100, requiring vacation of the grand theft conviction and reduction to petit theft.
[1] Evidence is insufficient as a matter of law to support a grand theft conviction when the trial record fails to establish that the market value of property stolen from a d…
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Join FLexlaw to unlock all legal intelligencePennington was convicted of grand theft from a dwelling of property valued at $100 or more, among other offenses. The trial evidence did not establish…
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PER CURIAM.
We affirm with respect to all issues raised by the defendant in this appeal, except for the sufficiency of the evidence challenge to his conviction for the crime of grand theft from a dwelling of property having a value of $100 or more. On that offense, we accept the State’s concession of error and vacate the defendant’s conviction because the evidence presented at trial was insufficient as a matter of law to establish that, at the time of the theft, the market value of the items stolen from the residence exceeded $100. On remand, the trial court is directed to reduce the defendant’s conviction on this count to petit theft and resentence the defendant accordingly.
Affirmed in part, vacated in part, and remanded with instructions.
MAY, FORST and ARTAU, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
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