D.H. v. STATE

No. 2D03-434.

864 So.2d 588 (2004)

D.H., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 6, 2004.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee.


FULMER, Judge.

D.H. was found guilty of burglary of a dwelling and grand theft of the third degree. He challenges the sufficiency of the evidence for the grand theft charge, arguing that the State failed to prove the value of the stolen property. We agree that the testimony was insufficient to meet the State's burden of proof and, therefore, reverse and remand for the trial court to reduce the grand theft to petit theft.

The State was required to prove that...

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