A.S. v. State
District Court of Appeal of Florida
1Per curiam
A.S. was charged with felony criminal mischief valued at $1000 or more; the State alleged that she caused $2600 in damage to a car. The owner of an auto body shop testified to the value of the damage, basing it on an estimate made by one of his employees in the regular course of business. Because this estimate was never admitted into evidence, A.S. requested that the testimony be stricken from the record as it was hearsay. The trial court refused to strike the testimony. We reverse and remand, having determined there was insufficient evidence to prove felony criminal mischief.
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2Cases cited4 opinions
- Marrero v. StateSupreme Court of Florida · 2011
- Thompson v. StateDistrict Court of Appeal of Florida · 1998
- Clark v. StateDistrict Court of Appeal of Florida · 1999
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