MITCHELL v. STATE

No. 2D05-675.

917 So.2d 1056 (2006)

Orlando MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 13, 2006.


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 Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.


DAVIS, Judge.

Orlando Mitchell challenges his conviction and sentence for first-degree petit theft, arguing that the State failed to establish the value of the items taken. We agree and reverse.

Pursuant to section 812.014(2)(e), Florida Statutes (2003), the State was required to prove that the value of the property taken by Mitchell was more than $100 but less than $300. "`[A]n owner is generally presumed as competent...

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