Legal Opinion

M.S.O. v. State

District Court of Appeal of Florida

Decided November 2, 2011No. 4D10-3398PublishedCited by 1 opinion

1Per curiam

Appellant, juvenile M.S.O., was adjudicated delinquent for grand theft. We reverse with directions to enter judgment for the lesser included offense of petit theft and for resentencing.

On a charge of grand theft of the third degree, the state is required to prove that the value of the stolen property at the time of the theft is $300 or more. § 812.014(2)(c), Fla. Stat. (2009). “Value means the market value of the property at the time and place of the offense” § 812.012(10)(a)1., Fla. Stat. (2009). In the absence of direct testimony as to market value, “proof may be established through the…

2Cases cited3 opinions

  1. Gilbert v. StateDistrict Court of Appeal of Florida · 2002
  2. Lucky v. StateDistrict Court of Appeal of Florida · 2010
  3. Austin v. StateDistrict Court of Appeal of Florida · 2011

3Cited by1 opinion

  1. M.K., a child v. State of FloridaDistrict Court of Appeal of Florida · 2014

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