E.R., Appellant, v. STATE (2001)

District Court of Appeal of Florida,Second District.

E.R., Appellant, v. STATE of Florida, Appellee.

No. 2D00-4271.

Decided: October 26, 2001

James Marion Moorman, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Susan M. Shanahan, Assistant Attorney General, Tampa, for Appellee.

E.R. challenges his delinquency adjudication for burglary and grand theft. We disagree with his contention that the State's evidence was insufficient to prove the burglary charge beyond a reasonable doubt, and we affirm that adjudication without further discussion. However, we reverse E.R.'s adjudication for third-degree grand theft because the State did not prove that the value of the stolen property equaled or exceeded $300. See § 812.014(2)(c), Fla. Stat. (2000). The State's failure to prove the value element of third-degree grand theft is fundamental error and may be raised for the first time on appeal. T.E.J. v. State, 749 So.2d 557, 558 (Fla. 2d DCA 2000). On remand, the circuit court shall reduce the grand theft charge to second-degree petit theft under section 812.014(3)(a).

We affirm the court's restitution order.

Affirmed in part, reversed in part and remanded with directions.

NORTHCUTT, Judge.

ALTENBERND, A.C.J., and WHATLEY, J., Concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network