Lucky v. State

We address the issue of whether the state’s evidence of value of a television in a grand theft case was sufficient to withstand the defendant’s motion for judgment of acquittal. We hold that the state failed to elicit sufficient evidence of value, reverse the grand theft conviction, and remand for the entry of a judgment and sentence for petit theft.

Ramon Lucky was charged with burglary of a dwelling and grand theft of a television. The only evidence of the value of the television came from the victim’s mother, who said that she purchased the flat screen television from BrandsMart six months…