T.B.S. v. State

WHATLEY, Judge.

T.B.S. appeals the order adjudicating him delinquent for committing felony criminal mischief by smashing the windows of the victim’s car. He argues that the State did not prove that the monetary value of the damage was $1000 or greater. We agree and reverse.

While the monetary value of damage caused by an act of criminal mischief is not an element of the offense, it affects the severity of the crime. A conviction or adjudication of felony criminal mischief must be supported by proof that the defendant caused at least $1000 worth of damage. § 806.13(l)(b)(3), Fla. Stat. (2005).

The…