Opinion
No. 79-1986.
June 23, 1981.
Appeal from Circuit Court, Dade County; Wilkie D. Ferguson, Jr., Judge.
Bennett H. Brummer, Public Defender and Edward McHale, Sp. Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen. and Calianne P. Lantz, Asst. Atty. Gen., for appellee.
Before HUBBART, C.J., and BARKDULL and HENDRY, JJ.
The judgment of conviction and sentence for burglary [§ 810.02(3), Fla. Stat. (1979)], is affirmed as no attack is made on said judgment and sentence upon this appeal. The judgment of conviction and sentence for second degree theft [§ 812.014(2)(b), Fla. Stat. (1979)] is reversed and the cause is remanded to the trial court with directions to enter a judgment of conviction and sentence for petit theft [§ 812.014(2)(c), Fla. Stat. (1979)], as the state failed to establish at trial that the alleged stolen property [i.e., jewelry, telephone, lighters, a soda bottle] had a market value of $100 or more at the time of the theft. Negron v. State, 306 So.2d 104 (Fla. 1974); Todd v. State, 187 So.2d 908 (Fla. 3d DCA 1966); § 924.34, Fla. Stat. (1979).
Affirmed in part; reversed and remanded in part.