J.A. v. State
J.A. v. State
Opinion of the Court
J.A., a juvenile, appeals his withhold of adjudication of delinquency. J.A. argues that the State failed to prove the value of the truck's damaged windshield, and therefore, this Court should reduce the finding of delinquency under Count 2 of the petition from first-degree criminal mischief to second-degree criminal mischief. We find J.A.'s arguments without merit and affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
On the evening of July 5th, 2016, Edy Iglesias ("Iglesias") was driving home in a truck owned by his employer when J.A. and another juvenile threw rocks at the truck, which damaged the truck's windshield in two places. The following day, Iglesias called a company to repair the truck's windshield.
The State charged J.A. with two counts: throwing a deadly missile (Count 1) and first-degree misdemeanor criminal mischief (Count 2). At trial, Iglesias testified that a company he contacted repaired the windshield and that he paid the total cost of repair of $272.72, which included the cost of the windshield and labor expended. Defense counsel objected to Iglesias's testimony as "hearsay and inferential hearsay."
After the State rested, defense counsel moved for a judgment of dismissal and argued that the State failed to prove the fair market value of the windshield and its repair. The trial court denied the motion for judgment of dismissal and found that the State proved damages and the value of the damaged property. The trial court entered an order withholding adjudication of delinquency as well as an order of restitution for $272.72, and placed J.A. on probation. This timely appeal followed.
II. ANALYSIS
On appeal, J.A. argues that the State did not present sufficient evidence to prove the value of the damage to the property. We disagree. In a criminal mischief case, the amount of damage is an essential element of the crime of felony criminal mischief and the crime of first-degree misdemeanor criminal mischief.
*712See Marrero v. State,
At trial, the State presented Iglesias's own testimony regarding the amount he paid for the repair. The State did not introduce Iglesias's actual repair bill showing the cost of replacing the windshield, any estimates that Iglesias may have received for the repair, or any other documentary evidence (e.g., a cancelled check or a credit card bill) establishing the cost of the repair.
In a similar case, C.H. v. State,
J.A. argues, however, that the State was also required to prove the fair market value of the truck, the windshield, and the repair. J.A. bases his argument on R.C.R. v. State,
We find R.C.R. inapplicable for a number of reasons. First, while it is true that the definition of "value" in Florida's theft statutes includes the concept of market value, the Florida Supreme Court in Marrero,
Second, the Fourth District Court of Appeal subsequently refused to apply its own holding in R.C.R. in the broad manner urged on us by J.A. In L.D.G. v. State,
Accordingly, for the reasons discussed, we affirm the trial court's order withholding adjudication of guilt.
Affirmed.
J.A. does not appeal the trial court's finding regarding Count 1 of the petition. Accordingly, the trial court's order finding J.A. delinquent on Count 1 of the petition is affirmed.
This Court concluded in C.H. that the $1000 threshold for felony criminal mischief had not been met because the State did not introduce any evidence regarding amounts paid in addition to the victim's deductible.
Because the State proved the amount of damage based on what was actually paid, and not based on estimates to repair, we find the conclusions of B.J.M. and B.L.N. v. State,
We note that if R.C.R. retains vitality post-Marrero, the argument that the cost of repair cannot be the proper measure of damage when it exceeds the fair market value of the damaged property would appear to be a defense to be asserted once the State has established a prima facie case of criminal mischief.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.