DENNIS L. THOMPSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1971-06-08
No. 70-1250
Before PEARSON, C. J., and CHARLES CARROLL and HENDRY, JJ.
249 So. 2d 51 Florida District Court of Appeal, Third District (1971) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon this record it is clear that this appellant was caught in the act of stealing 28 pair of pants and eights shirts from a retail store. He was found guilty of grand larceny, adjudicated guilty and sentenced. On this appeal, he urges that the value of the merchandise was not proven to be more than $100.00 as required by the grand larceny statute. The appeal is wholly groundless because; (1) an employee of the store testified to a retail value of more than $400.00 and a wholesale value of more than $100.00, and (2) the retail price tags were admitted into evidence. Cf. Lauder v. State, 233 Md. 142, 195 A.2d 610, (1963).

Affirmed.


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Cited By

  • …as manufactured, the price being paid for similar merchandise in the vicinity — in addition to the other factors mentioned herein. This question has been considered, however, by the Third District Court of Appeal in Thompson v. State (Fla.App.1971), 249 So. 2d 51, where the defendant-appellant was convicted of grand larceny of 28 pairs of pants and 8 shirts from a retail store. An employee of the store testified to a retail value of more than $400 and a wholesale value of 'more than $100. This conviction was…
  • Cardinal Scott v. State, 519 So. 2d 734 (Fla. 3d DCA 1988)
    …roper to instruct jury in grand theft case that value of goods sold at retail is “the sale price of the merchandise at the time it was stolen”), aff’g, 443 So. 2d 343 (Fla. 2d DCA 1983); Negron v. State, 306 So. 2d 104 (Fla.1974); Thompson v. State, 249 So. 2d 51 (Fla. 3d DCA 1971). Although there is no case which so holds, and although the defendants do not suggest what the nature of that evidence might be, they contend that the state must also introduce some independent testimony that the merchandise was “…
  • Jones v. State, 434 So. 2d 337 (Fla. 3d DCA 1983)
    …e [*338] V, Section 3(b)(4) of the Florida Constitution, that' our decision herein is in direct conflict with the majority opinion in the above-stated Williams case. We find no merit in the defendant’s remaining point on appeal. Thompson v. State, 249 So. 2d 51 (Fla. 3d DCA 1971); § 812.015(1)(c), Fla.Stat. (1981). Reversed and remanded for a new trial.…

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