Carroso v. State

ALTENBERND, Judge.

Kenneth Michael Carroso appeals his judgment and sentence for workers’ compensation fraud involving a “monetary value” between $20,000 and $100,000. See § 440.105(4), Fla. Stat. (2005). Although he has already fully served his fourteen-month prison term for this offense, we reverse the judgment and sentence and remand for a new trial. In this case of first impression, the State and the trial court erroneously equated the “monetary value” that is an element of this criminal offense with the monetary amount of the noncriminal, administrative sanction available under section…