Home/District Court of Appeal of Florida/Alvarez v. State

Alvarez v. State

56 So. 3d 912, 2011 Fla. App. LEXIS 3576, 2011 WL 956129
CourtDistrict Court of Appeal of Florida
DecidedMarch 18, 2011
DocketNo. 5D09-4091
StatusPublished
Cited by1 cases

This text of 56 So. 3d 912 (Alvarez v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alvarez v. State, 56 So. 3d 912, 2011 Fla. App. LEXIS 3576, 2011 WL 956129 (Fla. Ct. App. 2011).

Opinion

PER CURIAM.

We affirm, without discussion, Alvarez’s convictions for trespass and dealing in stolen property. However, we reverse his conviction for grand theft1 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).

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.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Rivera v. State
73 So. 3d 333 (District Court of Appeal of Florida, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
56 So. 3d 912, 2011 Fla. App. LEXIS 3576, 2011 WL 956129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvarez-v-state-fladistctapp-2011.