Tobe v. State

JORGENSON, Judge.

Tobe was charged in a single count information with, and convicted by a jury of, second degree grand theft.1 He alleges that the trial court erred by improperly instructing the jury on the value of the stolen merchandise. We agree and therefore reverse and remand for a new trial.

At trial Tobe conceded that he was guilty of the theft of two men’s suits from J.C. Penney but claimed that their fair market *402value was less than the $100 minimum value necessary to be convicted under section 812.014(2)(b)(l), Florida Statutes (1981).

The trial court instructed the jury on value by…