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Mitchell v. State

District Court of Appeal of Florida, Second District
Jan 13, 2006
917 So. 2d 1056 (Fla. Dist. Ct. App. 2006)

Summary

holding that the State did not prove value because although the owner testified to the purchase price of the items and that they were in working order when stolen, “no evidence was offered as to the condition, quality, or age of the items at the time they were stolen or as to any depreciation in value since their purchase.”

Summary of this case from Bagnara v. State

Opinion

No. 2D05-675.

January 13, 2006.

Appeal from the Circuit Court, Hillsborough County, Chet A. Tharpe, J.

James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.


Orlando Mitchell challenges his conviction and sentence for first-degree petit theft, arguing that the State failed to establish the value of the items taken. We agree and reverse.

Pursuant to section 812.014(2)(e), Florida Statutes (2003), the State was required to prove that the value of the property taken by Mitchell was more than $100 but less than $300. "`[A]n owner is generally presumed as competent to testify to the value of his stolen property. . . .' Mere ownership, however, is insufficient, and the witness must have personal knowledge of the property." I.T. v. State, 796 So.2d 1220, 1221-22 (Fla. 4th DCA 2001) (quoting Taylor v. State, 425 So.2d 1191, 1193 (Fla. 1st DCA 1983)). "Value may be established by direct testimony of fair market value or through evidence of the original market cost of the property, the manner in which the items were used, the condition and quality of the items, and the percentage of depreciation of the items since their purchase." Pickett v. State, 839 So.2d 860, 861-62 (Fla. 2d DCA 2003).

Here, the State failed to meet this burden. Although the owner had personal knowledge of the cell phone and tape recorder taken and therefore was competent to testify as to their value, he merely testified as to the purchase price of each item, establishing that the items, when purchased, had a combined value of more than $100. However, other than the fact that the items were still in working order, no evidence was offered as to the condition, quality, or age of the items at the time they were stolen or as to any depreciation in value since their purchase. See Taylor, 425 So.2d at 1193.

As such, we reverse and remand for entry of a conviction and sentence for petit theft in the second degree. See § 812.014(3)(a).

Reversed and remanded.

CANADY, J., and THREADGILL, EDWARD F., Senior Judge, Concur.


Summaries of

Mitchell v. State

District Court of Appeal of Florida, Second District
Jan 13, 2006
917 So. 2d 1056 (Fla. Dist. Ct. App. 2006)

holding that the State did not prove value because although the owner testified to the purchase price of the items and that they were in working order when stolen, “no evidence was offered as to the condition, quality, or age of the items at the time they were stolen or as to any depreciation in value since their purchase.”

Summary of this case from Bagnara v. State

holding that market value was not established by evidence of the purchase price of stolen items where no evidence was offered as to any depreciation in value since their purchase

Summary of this case from Ciani v. State

holding that the State did not prove value because although the owner testified to the purchase price of the items and that they were in working order when stolen, "no evidence was offered as to the condition, quality, or age of the items at the time they were stolen or as to any depreciation in value since their purchase"

Summary of this case from K.W. v. State

determining that the State failed to prove value because, even though the owner testified that the stolen items were in working order when stolen and to the original purchase price of the items, "no evidence was offered as to the condition, quality, or age of the items at the time they were stolen or as to any depreciation in value since their purchase"

Summary of this case from Cintron v. State
Case details for

Mitchell v. State

Case Details

Full title:Orlando MITCHELL, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jan 13, 2006

Citations

917 So. 2d 1056 (Fla. Dist. Ct. App. 2006)

Citing Cases

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Value may be established by direct testimony of fair market value or through evidence of the original market…

K.W. v. State

The insufficiency of such evidence of the purchase price is not remedied by the addition of bare evidence…