Frazier v. State

District Court of Appeal of Florida

Frazier v. State

135 So. 3d 444, 2014 WL 982697, 2014 Fla. App. LEXIS 3751

CourtDistrict Court of Appeal of Florida

DecidedMarch 14, 2014

DocketNo. 5D12-253

StatusPublished

This text of 135 So. 3d 444 (Frazier 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

Frazier v. State, 135 So. 3d 444, 2014 WL 982697, 2014 Fla. App. LEXIS 3751 (Fla. Ct. App. 2014).

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Opinion

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.

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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.

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Bluebook (online)

135 So. 3d 444, 2014 WL 982697, 2014 Fla. App. LEXIS 3751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frazier-v-state-fladistctapp-2014.

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