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Alvarez v. State

District Court of Appeal of Florida, Fifth District
Mar 18, 2011
56 So. 3d 912 (Fla. Dist. Ct. App. 2011)

Opinion

No. 5D09-4091.

March 18, 2011.

Appeal from the Circuit Court for Marion County, Willard Pope, Judge.

James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.


We affirm, without discussion, Alvarez's convictions for trespass and dealing in stolen property. However, we reverse his conviction for grand theft because the State's evidence was insufficient to establish that the stolen items had a value of $300 or more. See Smith v. State, 955 So.2d 1227, 1229 (Fla. 5th DCA 2007) (State required to present competent evidence to prove value of stolen property at time of crime).

§§ 812.014(1), (2)(c)1., Fla. Stat. (2008).

On remand, the trial court shall enter a judgment and sentence on Count IV on the lesser offense of petit theft of the second degree.

AFFIRMED in part; REVERSED in part; REMANDED.

ORFINGER, LAWSON and EVANDER, JJ., concur.


Summaries of

Alvarez v. State

District Court of Appeal of Florida, Fifth District
Mar 18, 2011
56 So. 3d 912 (Fla. Dist. Ct. App. 2011)
Case details for

Alvarez v. State

Case Details

Full title:Jorge ALVAREZ, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Mar 18, 2011

Citations

56 So. 3d 912 (Fla. Dist. Ct. App. 2011)

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