Porter v. State

Mikell, Judge.

James Porter, Jr., was convicted of theft by taking and was sentenced as a recidivist to serve ten years. Porter appeals pursuant to the trial court’s grant of an out-of-time appeal, arguing that the state failed to prove that the value of the items taken exceeded $500. We agree. Therefore, we vacate Porter’s sentence and remand the case with direction that sentencing be imposed for misdemeanor theft by taking.

1. We first address the state’s contention that the trial court lacked jurisdiction to grant Porter’s motion for an out-of-time appeal. In this regard, the record shows…