Legal Opinion

Wiechert v. State

District Court of Appeal of Florida

Decided July 1, 2015No. 2D14-1937PublishedCited by 4 opinions

1Opinion of the Court

.VILLANTI, Chief Judge.

Timothy Wayne Wiechert appeals his convictions for one count of burglary of an unoccupied dwelling and one count of third-degree grand theft. We affirm Wiechert’s burglary conviction without comment. However, because the State failed to introduce sufficient evidence to prove the value of the stolen items beyond a reasonable doubt, as statutorily required, we must reverse Wiechert’s conviction for third-degree grand theft and remand for entry of a conviction for petit theft and resentencing.

The State chose to charge Wiechert with grand theft under section…

2Cases cited5 opinions

  1. State v. HawthorneSupreme Court of Florida · 1991
  2. Negron v. StateSupreme Court of Florida · 1974
  3. Korica v. StateDistrict Court of Appeal of Florida · 2001
  4. Jones v. StateDistrict Court of Appeal of Florida · 2007
  5. Carter v. StateDistrict Court of Appeal of Florida · 2012

3Cited by4 opinions

  1. Salvatore Bagnara v. State of FloridaDistrict Court of Appeal of Florida · 2016
  2. CHERRIE YVETTE JOHNSON v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
  3. Russell v. State of FloridaDistrict Court of Appeal of Florida · 2026
  4. Salvatore Bagnara v. State of FloridaDistrict Court of Appeal of Florida · 2016

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