Florida District Courts of Appeal, 1997

Holloway v. State

Holloway v. State
Florida District Courts of Appeal · Decided February 5, 1997 · Gersten, Green, Schwartz
687 So. 2d 336; 1997 Fla. App. LEXIS 425; 1997 WL 43847 (Southern Reporter, Second Series)

Holloway v. State

Opinion of the Court

PER CURIAM.

The testimony of its owner that he had purchased the stolen refrigerator for $449.93 a year and a half before the incident but did not know its present value was insufficient to support a conviction for grand theft, which requires a value of $300.00 or more. D.L. v. State, 546 So.2d 454 (Fla. 3d DCA 1989), and cases cited. Accordingly, the grand theft conviction is reduced to petit theft and the cause remanded for resentencing as to that crime. Because we find no merit to the defendant’s challenge to his burglary conviction, the judgment and sentence for that offense are affirmed.

Affirmed in part, reversed in part.

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