Howard v. State

Reversed and remanded for a new trial on the authority of Lawton v. State, 152 Fla. 821, 13 So.2d 211 (1943); State v. Kettering, 483 So.2d 97 (Fla. 5th DCA 1986); and Peak v. State, 342 So.2d 98 (Fla. 3d DCA 1977). The appellant should be retried on all counts except the charge involving the video recorder for which the state failed to prove the value thereof. Appellant is entitled to a directed verdict of acquittal on that count.

The state called the burglary victim as its chief witness at trial. The victim testified that after his home was burglarized, he found the stolen property hidden…