Frazier v. State

Full title: Clarence Leonte FRAZIER, Appellant, v. STATE of Florida, Appellee.

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

Date published: Apr 11, 2014

135 So. 3d 444 (Fla. Dist. Ct. App. 2014)

Opinion

No. 5D12–253.

2014-04-11

Clarence Leonte FRAZIER, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for Orange County, Bob Leblanc, Judge. James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant. Clarence L. Frazier, Bushnell, pro se.

PER CURIAM.

Appeal from the Circuit Court for Orange County, Bob Leblanc, Judge.

James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant. Clarence L. Frazier, Bushnell, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm Appellant's judgment and sentence for burglary of a dwelling, but reverse the judgment for grand theft because the evidence was insufficient to establish the value of the items at the time of the theft. Smith v. State, 955 So.2d 1227 (Fla. 5th DCA 2007). We, therefore, remand for entry of a judgment for petit theft pursuant to section 812.014(3)(a), Florida Statutes (2011).

AFFIRMED IN PART; REVERSED IN PART AND REMANDED. TORPY, C.J., PALMER and ORFINGER, JJ., concur.