LEON BUTLER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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[*438] PER CURIAM.
The sole question presented in this appeal is whether the evidence as to the value of the items taken from the victim’s home was sufficient to sustain the conviction of defendant-appellant, Leon Butler, for grand larceny.
Proof of the element of value is essential for a conviction for grand larceny and with respect to this element, the proper measure is the fair market value of the stolen item(s) at the time of the theft. Negron v. State, 306 So. 2d 104 (Fla.1974). It is entirely permissible to use the owner or victim to establish the market value. See Kinsey v. State, 237 So. 2d 808 (Fla.3d DCA 1970); Singleton v. State, 258 So. 2d 313 (Fla.2d DCA 1972); Platt v. State, 291 So. 2d 96 (Fla.2d DCA 1974); Vickers v. State, 303 So. 2d 700 (Fla.1st DCA 1974); Beasley v. State, 305 So. 2d 285 (Fla.3d DCA 1974). Upon being questioned by the prosecutor, the owner in the instant case testified that the fair market value of the items stolen was $700 or $800. Thus, the evidence of market value was sufficient to sustain defendant’s conviction for grand larceny.
Affirmed.
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Rodriquez v. State, 443 So. 2d 236 (Fla. 5th DCA 1983)…ny is the value or nature of the property stolen. See, e.g., Drakes v. State, 400 So. 2d 487 (Fla. 5th DCA 1981) (“The value of the property taken must be established as an essential element of the crime of grand larceny.”) See also Butler v. State, 354 So. 2d 437 (Fla. 3d DCA 1978); Johnson v. State, 353 So. 2d 889 (Fla. 3d DCA 1978); Spencer v. State, 217 So. 2d 332 (Fla. 4th DCA 1968); Todd v. State, 187 So. 2d 908 (Fla. 3d DCA 1966). The value or nature of the property stolen is such a distinct and separa…
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R.P. v. State, 478 So. 2d 1106 (Fla. 3d DCA 1985)…isagree. The victim’s testimony that "it was near a hundred dollars, ‘cause I get two o nine a month, and I had spent ‘bout a half of it,” was sufficient to establish that the purse contained more than $100 at the time it was taken. Butler v. State, 354 So. 2d 437 (Fla. 3d DCA 1978); Kinsey v. State, 237 So. 2d 808 (Fla. 3d DCA 1970). For these reasons, we vacate the adjudication of delinquency based on robbery and remand with directions that the trial court adjudicate R.P. delinquent based on grand theft.…
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D.L. v. State, 546 So. 2d 454 (Fla. 3d DCA 1989)…2d 588 (Fla. 1st DCA 1989); F.W. v. State, 459 So. 2d 1129 (Fla. 3d DCA 1984); Taylor v. State, 425 So. 2d 1191 (Fla. 1st DCA 1983); Beasley v. State, 305 So. 2d 285 (Fla. 3d DCA 1974), cert. denied, 315 So. 2d 180 (Fla. 1975); cf. Butler v. State, 354 So. 2d 437 (Fla. 3d DCA 1978) (owner may testify as to fair market value of stolen items at time of theft). Accordingly, we reverse the adjudication of delinquency for grand theft and remand with directions to adjudicate D.L. delinquent for petit theft. J.G. v…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ozzie Joseph Negron and Teresa Negron v. State, 306 So. 2d 104 (Fla. 1974)
- Beasley v. State, 305 So. 2d 285 (Fla. 3d DCA 1974)
- Platt v. State, 291 So. 2d 96 (Fla. 2d DCA 1974)
- Vickers v. State, 303 So. 2d 700 (Fla. 1st DCA 1974)
- Kinsey v. State, 237 So. 2d 808 (Fla. 3d DCA 1970)
- Singleton v. State, 258 So. 2d 313 (Fla. 2d DCA 1972)