F.B. v. State

At appellant’s trial for burglary and firpt degree misdemeanor petit theft, the state failed to prove the value of the items stolen from the victim’s residence. Although appellant did not raise the state’s failure of proof of value in his motion for judgment of acquittal, he raises it for the first time on appeal, claiming that it is fundamental error. While appellant relies on Negron v. State, 306 So.2d 104, 107 (Fla.1974), receded from on other grounds by Butterworth v. Fluellen, 389 So.2d 968 (Fla.1980), we conclude that State v. Barber, 301 So.2d 7 (Fla.1974), provides the correct rule…