Legal Opinion

E.R. v. State

District Court of Appeal of Florida

Decided October 26, 2001No. 2D00-4271PublishedCited by 5 opinions

1Opinion of the Court

NORTHCUTT, Judge.

E.R. challenges his delinquency adjudication for burglary and grand theft. We disagree with his contention that the State’s evidence was insufficient to prove the burglary charge beyond a reasonable doubt, and we affirm that adjudication without further discussion. However, we reverse E.R.’s adjudication for third-degree grand theft because the State did not prove that the value of the stolen property equaled or exceeded $300. See § 812.014(2)(c), Fla. Stat. (2000). The State’s failure to prove the value element of third-degree grand theft is fundamental error and may be…

2Cases cited1 opinion

  1. T.E.J. v. StateDistrict Court of Appeal of Florida · 2000

3Cited by5 opinions

  1. F.B. v. StateSupreme Court of Florida · 2003
  2. Pena v. StateSupreme Court of Florida · 2005
  3. Stanford v. StateDistrict Court of Appeal of Florida · 2002
  4. FB v. StateSupreme Court of Florida · 2003
  5. ER v. StateDistrict Court of Appeal of Florida · 2001

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