ORTIZ v. STATE

No. 4D08-3602.

36 So.3d 901 (2010)

Andres ORTIZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 9, 2010.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Christine Geraghty, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

Appellant, Andres Ortiz, appeals his convictions for organized scheme to defraud and first degree petit theft. Because the state failed to prove the value of the checkbook stolen as alleged in the information, we reverse the conviction for first degree petit theft, rejecting the state's contention that the jury could consider the total amount on deposit in the bank account as the value of the checkbook. On all other issues we affirm.

The state charged...

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