William T. Martin v. State

District Court of Appeal of Florida

William T. Martin v. State

229 So. 3d 889

CourtDistrict Court of Appeal of Florida

DecidedNovember 3, 2017

DocketCase 5D16-892

StatusPublished

This text of 229 So. 3d 889 (William T. Martin 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.

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William T. Martin v. State, 229 So. 3d 889 (Fla. Ct. App. 2017).

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Opinion

PER CURIAM.

-William Martin was convicted, after a jury trial, of- burglary of a dwelling and grand theft. On appeal, he argues that the trial court erred in denying his motion for judgment of acquittal on the grand theft charge because the State failed to prove that the value of the stolen items was over $300. We agree. See C.G. v. State, 123 So.3d 680, 681-82 (Fla. 5th DCA 2013) (holding that evidence was insufficient to establish value of stolen cellular telephone at $100 or more, and thus was insufficient to support conviction for first-degree petit theft, notwithstanding victim’s testimony that he paid approximately $200 for phone six months before theft, that he purchased case for phone and protective screen for glass right after purchasing it, and that phone was in good condition at time it was stolen; phone’s value was not so obvious as to defy contradiction, state did not attempt to establish value of cell phone through direct testimony, and state did not present evidence regarding depreciation in value).

Accordingly; we affirm Martin’s burglary conviction, but revérse Martin’s judgment and sentence for grand 'theft and remand-with instructions for the trial court to enter a judgment of guilt for petit theft. See Chappell v. State, 200 So.3d 159, 160 (Fla. 5th DCA 2016); Smith v. State, 955 So.2d 1227, 1229 (Fla. 5th DCA 2007).

AFFIRMED in part; REVERSED in part; and REMANDED.

EVANDER, BERGER and WALLIS, JJ., concur,.

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PER CURIAM.

-William Martin was convicted, after a jury trial, of- burglary of a dwelling and grand theft. On appeal, he argues that the trial court erred in denying his motion for judgment of acquittal on the grand theft charge because the State failed to prove that the value of the stolen items was over $300. We agree. See C.G. v. State, 123 So.3d 680, 681-82 (Fla. 5th DCA 2013) (holding that evidence was insufficient to establish value of stolen cellular telephone at $100 or more, and thus was insufficient to support conviction for first-degree petit theft, notwithstanding victim’s testimony that he paid approximately $200 for phone six months before theft, that he purchased case for phone and protective screen for glass right after purchasing it, and that phone was in good condition at time it was stolen; phone’s value was not so obvious as to defy contradiction, state did not attempt to establish value of cell phone through direct testimony, and state did not present evidence regarding depreciation in value).

Accordingly; we affirm Martin’s burglary conviction, but revérse Martin’s judgment and sentence for grand 'theft and remand-with instructions for the trial court to enter a judgment of guilt for petit theft. See Chappell v. State, 200 So.3d 159, 160 (Fla. 5th DCA 2016); Smith v. State, 955 So.2d 1227, 1229 (Fla. 5th DCA 2007).

AFFIRMED in part; REVERSED in part; and REMANDED.

EVANDER, BERGER and WALLIS, JJ., concur,.

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229 So. 3d 889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-t-martin-v-state-fladistctapp-2017.

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