Florida District Courts of Appeal, 2014

Frazier v. State

Frazier v. State
Florida District Courts of Appeal · Decided March 14, 2014 · Orfinger, Palmer, Torpy
135 So. 3d 444; 2014 WL 982697; 2014 Fla. App. LEXIS 3751 (Southern Reporter, Third Series)

Frazier v. State

Opinion of the Court

PER CURIAM.

We affirm Appellant’s judgment and sentence for burglary of a dwelling, but reverse the judgment for grand theft because the evidence was insufficient to establish the value of the items at the time of the theft. Smith v. State, 955 So.2d 1227 (Fla. 5th DCA 2007). We, therefore, remand for entry of a judgment for petit theft pursuant to section 812.014(3)(a), Florida Statutes (2011).

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

TORPY, C.J., PALMER and ORFINGER, JJ., concur.

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