HOLLOWAY v. STATE (1997)

District Court of Appeal of Florida,Third District.

Charles HOLLOWAY, Appellant, v. The STATE of Florida, Appellee.

No. 95-1736.

Decided: February 05, 1997

Before SCHWARTZ, C.J., and GERSTEN and GREEN, JJ.

Bennett H. Brummer, Public Defender and Lorraine C. Holmes, Special Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General and Charles M. Fahlbusch, Fort Lauderdale, Assistant Attorney General, for appellee.

The testimony of its owner that he had purchased the stolen refrigerator for $449.93 a year and a half before the incident but did not know its present value was insufficient to support a conviction for grand theft, which requires a value of $300.00 or more. D.L. v. State, 546 So.2d 454 (Fla. 3d DCA 1989), and cases cited. Accordingly, the grand theft conviction is reduced to petit theft and the cause remanded for resentencing as to that crime. Because we find no merit to the defendant's challenge to his burglary conviction, the judgment and sentence for that offense are affirmed.

Affirmed in part, reversed in part.

PER CURIAM.

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