Legal Opinion

State v. Barthell

District Court of Appeal of Florida

Decided December 12, 1989No. 88-1156PublishedCited by 2 opinions

1Opinion of the Court

FERGUSON, Judge.

Gary Barthell, a toll collector for the Department of Transportation, allegedly stole $379.94 from toll receipts in nine separate thefts over a twelve-day period. The largest amount taken on any single day was $77.71. By information the State charged Barthell with grand theft of “$300.00 or more.”

In aggregating the nine thefts for the purpose of reaching the $300 amount necessary to upgrade the offense to a third-degree felony, section 812.014, Florida Statutes (1985), the State relied on section 812.-012(9)(c), Florida Statutes which provides:

Amounts of value of separate…

2Cases cited1 opinion

  1. Harper v. StateDistrict Court of Appeal of Florida · 1962

3Cited by2 opinions

  1. Buckwalter v. StateCourt of Appeals of Alaska · 2001
  2. State v. DancoCircuit Court for the Judicial Circuits of Florida · 1990

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