Foley v. State

Full title: Aaron FOLEY, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, First District.

Date published: Apr 24, 2013

147 So. 3d 16 (Fla. Dist. Ct. App. 2013)

Opinion

No. 1D12–4690.

2013-04-24

Aaron FOLEY, Appellant, v. STATE of Florida, Appellee.

An appeal from the Circuit Court for Clay County. John H. Skinner, Judge. Nancy A. Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Monique Rolla, Assistant Attorney General, and Trisha Meggs Pate, Bureau Chief, Tallahassee Criminal Appeals, Tallahassee, for Appellee.

PER CURIAM.

An appeal from the Circuit Court for Clay County. John H. Skinner, Judge.
Nancy A. Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Monique Rolla, Assistant Attorney General, and Trisha Meggs Pate, Bureau Chief, Tallahassee Criminal Appeals, Tallahassee, for Appellee.
PER CURIAM.

Appellant was convicted by a jury for burglary of a structure while armed, grand theft, theft of a firearm, possession of a firearm by a convicted felon, and possession of ammunition by a convicted felon. After reviewing the record, we conclude that the State correctly concedes that it failed to provide sufficient evidence of the value of the stolen property to prove count II, grand theft. See Marrero v. State, 71 So.3d 881 (Fla.2011).

We affirm Appellant's conviction on counts I, III, IV and V, but vacate the conviction and sentence under count II, grand theft, and remand to the circuit court for entry of a judgment and sentence for petit theft in the second degree.

AFFIRMED in part, REVERSED in part, and REMANDED with instructions consistent with this opinion. THOMAS, WETHERELL, and ROWE, JJ., concur.