State v. Paffy

HATCHETT, Justice.

Where the value of property obtained or the amount of money received determines whether an offense is a misdemeanor or a felony, and where value or amount is not in dispute, must the court instruct the jury on the lesser offense based on lesser values or amounts than that proved? Because the decision in this case (358 So.2d 32 (Fla. 4th DCA 1978)) is in conflict with Gilford v. State, 313 So.2d 729 (Fla.1975), we exercise our jurisdiction under article Y, section 3(b)(3), Florida Constitution, and answer the question in the negative.

A person other than the respondent…