E.H. v. State

Full title: E.H., Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Mar 26, 2004

869 So. 2d 1231 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 2D03-0444.

Opinion filed March 26, 2004.

Appeal from the Circuit Court for Hillsborough County, Emmett Lamar Battles, Judge.

James Marion Moorman, Public Defender, and Maureen E. Surber, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Chandra Waite Dasrat, Assistant Attorney General, Tampa, for Appellee.

FULMER, Judge.

E.H. was found guilty of burglary of a dwelling and grand theft of the third degree. He challenges the sufficiency of the evidence for the grand theft charge, arguing that the State failed to prove the value of the stolen property. In D.H. v. State, 29 Fla. L. Weekly D354 (Fla. 2d DCA Feb. 6, 2004), we recently addressed the same issue in an appeal brought by a codefendant, and we agreed that the testimony was insufficient to meet the State's burden of proof. Therefore, in accordance with our prior opinion in D.H., we reverse and remand for the trial court to reduce the grand theft to petit theft.

Reversed and remanded.

WHATLEY and NORTHCUTT, JJ., Concur.