Sutton v. State

KELLY, Judge.

Robert C. Sutton was convicted of burglary of a structure and grand theft. On appeal, he argues that the trial court erred in denying his motion for judgment of acquittal on the grand theft charge because there was insufficient evidence of value. Because we agree with Sutton that the State failed to provide sufficient evidence of the value of the stolen property, we reverse his conviction for grand theft. However, we reject Sutton’s argument that the trial court erred in sentencing him to drug offender probation for charges that were not drug related and affirm his sentence.

The…