EUGENE RAIN, APPELLANT,

v.

IVAN H. SMITH ET AL., AS COPARTNERS, D/B/A REYNOLDS, SMITH AND HILLS, ET AL., APPELLEES

Citator

Cited By

• Drakes v. State, 400 So. 2d 487 (Fla. 5th DCA 1981)
  …2d 1065 (Fla.5th DCA 1980). The value of the property taken must be established as an essential element of the crime of grand larceny. Negron v. State, 306 So. 2d 104 (Fla.1974); Tribble v. State, 277 So. 2d 559 (Fla.3d DCA 1973); Smart v. State, 274 So. 2d 577 (Fla.2d DCA 1973). The state attorney, attempting to prove value, elicited only testimony that all of the property stolen from the Turner house, including the gun, was worth between $1,500 and $1,700 and did not establish the value of the property s…
• G.S. v. State, 477 So. 2d 1071 (Fla. 3d DCA 1985)
  …the only evidence introduced at trial to support the charge was based on hearsay. See Molina v. State, 406 So. 2d 57 (Fla. 3d DCA 1981); Postell v. State, 398 So. 2d 851 (Fla. 3d DCA), rev. denied, 411 So. 2d 384 (Fla.1981); see also Smart v. State, 274 So. 2d 577 (Fla. 2d DCA 1973). We also agree that G.S. could not have been convicted of possession of a motor vehicle with a missing VIN number in violation of section 320.33, Florida Statutes (1981), because the state totally failed to demonstrate that G.S.…
• Shelton v. State, 351 So. 2d 88 (Fla. 2d DCA 1977)
  …alue of the rest of the items. Since there was no showing by means of competent evidence that the value of the items taken was $100 or more, appellant is entitled to have his conviction for grand larceny reduced to petit larceny. See Smart v. State, 274 So. 2d 577 (Fla. 2d DCA 1973). In view whereof, the judgments and sentences for burglary and possession of burglary tools herein are affirmed; but the judgment and sentence for grand larceny is vacated and the cause is remanded for entry of a judgment of guil…

Authorities Cited

• MAY v. Allied Chlorine & Chem. Prods., Inc., 168 So. 2d 784 (Fla. 3d DCA 1964)
• Waters v. Rockana Carriers, Inc., 171 So. 2d 57 (Fla. 1st DCA 1965)