J.O. v. State

J.O., a juvenile, appeals an adjudication of delinquency predicated on burglary, § 810.02, Fla.Stat. (1987), and grand theft, § 812.014, Fla.Stat. (1987). J.O. contends that because no sworn testimony was given during the trial about the value of the items stolen, his delinquency adjudication based upon grand theft must be reversed. We agree.

While the trial court heard negotiations of counsel as to the proper amount of restitution and the victim’s statement that “practically brand new” video equipment had been stolen, the state did not present evidence that the market value of the stolen…