Noel v. State

117 So. 3d 1140, 2012 WL 6682013, 2012 Fla. App. LEXIS 21992

Opinion

CONFESSION OF ERROR

ROTHENBERG, J.

The defendant, Mark Noel, appeals the denial of his motion for a judgment of acquittal as to his conviction for first-degree criminal mischief. Noel contends that to sustain a conviction for first-degree criminal mischief, the State was required to prove that the damage to the subject property, which in this case was the victim’s vehicle, was greater than $200. He further submits that the State failed to prove by competent substantial evidence that the damage exceeded $200, and thus this Court should reverse his conviction for first-degree criminal mischief and remand for the entry of judgment for the reduced crime of second-degree criminal mischief. We agree. Based on our independent review, and the State’s proper confession of error, we conclude there was insufficient evidence to establish that the damage exceeded $200. We, therefore, reverse Noel’s conviction for first-degree criminal mischief and remand with instructions to enter judgment for the reduced crime of second-degree criminal mischief. Noel’s remaining convictions and sentences should not be disturbed.

Reversed and remanded with instructions.