Opinion
No. 99-01008.
Opinion filed November 12, 1999.
Appeal from the Circuit Court for Polk County; Ronald A. Herring, Judge.
James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Stephen D. Ake, Assistant Attorney General, Tampa, for Appellee.
J.D.G. challenges a delinquency order. J.D.G. argues that the evidence was insufficient to support the trial court's finding that he committed burglary and grand theft. We affirm, without further discussion, the trial court's finding that J.D.G. committed burglary because there was sufficient evidence to support that finding. We however reverse J.D.G.'s adjudication of delinquency for grand theft because the evidence was insufficient to establish the value of the property.
A charge of grand theft requires that the State prove that the property taken has a value of $300 or more. See § 812.014(2)(c)1, Fla. Stat. (1997). The record indicates that the only testimony concerning the value of the stolen property was the victim's statement that the property was worth "probably about $200, estimated guess." This was insufficient to support J.D.G.'s adjudication of delinquency for grand theft.See M.H. v. State, 614 So.2d 657 (Fla. 2d DCA 1993).
We therefore vacate the adjudication of delinquency for grand theft and remand with directions to adjudicate J.D.G. delinquent for the lesser included offense of petit theft.
Affirmed in part, reversed in part, and remanded.
WHATLEY, A.C.J., and GREEN, J., Concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.