Olivera v. State

Appellant was convicted of burglary of a dwelling, possession of burglary tools, and grand theft of a dwelling. We affirm the convictions for burglary of a dwelling and possession of burglary tools without comment. We reverse the conviction for grand theft of a dwelling, as we find that the trial court erred in denying appellant’s motion for judgment of acquittal regarding the evidence of the value of the stolen property. As to that count, we remand for entry of a judgment and sentence for second-degree petit theft.

At trial, the victim testified that she paid “around fourteen, fifteen…