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Stamper v. State

District Court of Appeal of Florida, Fifth District.
Nov 30, 2012
101 So. 3d 918 (Fla. Dist. Ct. App. 2012)

Opinion

No. 5D11–3785.

2012-11-30

Kermit Lee STAMPER, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for Orange County, Alan S. Apte, Judge. James S. Purdy, Public Defender, and Meghan Ann Collins, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.


Appeal from the Circuit Court for Orange County, Alan S. Apte, Judge.
James S. Purdy, Public Defender, and Meghan Ann Collins, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.

Kermit Stamper appeals his convictions for burglary of a structure, burglary of a conveyance and grand theft. We affirm the burglary convictions without further comment, but reverse the grand theft conviction. As to the grand theft charge, Stamper correctly argues that the State failed to prove that the value of the property stolen was more than $300 on the date of the crime, as required for a conviction on this charge. See, e.g., Mansfield v. State, 954 So.2d 74 (Fla. 4th DCA 2007). On remand, the trial court is directed to adjudicate Stamper guilty of the lesser offense of petit theft, and to resentence Stamper on this charge only.

AFFIRMED IN PART; REVERSED IN PART and REMANDED WITH DIRECTIONS.

GRIFFIN, PALMER and LAWSON, JJ., concur.


Summaries of

Stamper v. State

District Court of Appeal of Florida, Fifth District.
Nov 30, 2012
101 So. 3d 918 (Fla. Dist. Ct. App. 2012)
Case details for

Stamper v. State

Case Details

Full title:Kermit Lee STAMPER, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fifth District.

Date published: Nov 30, 2012

Citations

101 So. 3d 918 (Fla. Dist. Ct. App. 2012)