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T.B.S. v. STATE

No. 2D05-5055.

935 So.2d 98 (2006)

T.B.S., Appellant v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 9, 2006.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Brad Permar, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.

WHATLEY, Judge.

T.B.S. appeals the order adjudicating him delinquent for committing felony criminal mischief by smashing the windows of the victim's car. He argues that the State did not prove that the monetary value of the damage was $1000 or greater. We agree and reverse.

While the monetary value of damage caused by an act of criminal mischief is not an element of the offense, it affects the severity of the crime. A conviction or adjudication of felony criminal...

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