William T. Martin v. State

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
WILLIAM TURNER MARTIN,
Appellant,
v. Case No. 5D16-892
STATE OF FLORIDA,
Appellee.
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Opinion filed November 3, 2017
Appeal from the Circuit Court
for Marion County,
Robert W. Hodges, Judge.
James S. Purdy, Public Defender, and
Robert Jackson Pearce III, Assistant Public
Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Deborah A. Chance,
Assistant Attorney General, Daytona
Beach, for Appellee.
PER CURIAM.
William Martin was convicted, after a jury trial, of burglary of a dwelling and grand
theft. On appeal, he argues that the trial court erred in denying his motion for judgment
of acquittal on the grand theft charge because the State failed to prove that the value of
the stolen items was over $300. We agree. See C.G. v. State, 123 So. 3d 680, 681-82
(Fla. 5th DCA 2013) (holding that evidence was insufficient to establish value of stolen
cellular telephone at $100 or more, and thus was insufficient to support conviction for first-
degree petit theft, notwithstanding victim's testimony that he paid approximately $200 for
phone six months before theft, that he purchased case for phone and protective screen
for glass right after purchasing it, and that phone was in good condition at time it was
stolen; phone's value was not so obvious as to defy contradiction, state did not attempt
to establish value of cell phone through direct testimony, and state did not present
evidence regarding depreciation in value).
Accordingly, we affirm Martin’s burglary conviction, but reverse Martin’s judgment
and sentence for grand theft and remand with instructions for the trial court to enter a
judgment of guilt for petit theft. See Chappell v. State, 200 So. 3d 159, 160 (Fla. 5th DCA
2016); Smith v. State, 955 So. 2d 1227, 1229 (Fla. 5th DCA 2007).
AFFIRMED in part; REVERSED in part; and REMANDED.
EVANDER, BERGER and WALLIS, JJ., concur.
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