Contes v. State, 190 So. 3d 198 (Fla. 3d DCA 2016). · Go Syfert
Contes v. State, 190 So. 3d 198 (Fla. 3d DCA 2016). Cases Citing This Book View Copy Cite
“because the evidence failed to establish the fair market value of the property at the time of the offense, the defendant can be convicted only of second- degree petit theft.”
5 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: D.J.S. v. STATE OF FLORIDA (fladistctapp, 2018-03-14)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) D.J.S. v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the evidence failed to establish the fair market value of the property at the time of the offense, the defendant can be convicted only of second- degree petit theft.
discussed Cited as authority (quoted) D.J.S. v. State
Fla. Dist. Ct. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the evidence failed to establish the fair market value of the property at the time of the offense, the defendant can be convicted only of second-degree petit theft.
discussed Cited as authority (rule) Y.R. v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
Here, as in Contes v. State, 190 So. 3d 198, 199 (Fla. 3d DCA 2016), “[b]ecause the evidence failed to establish the fair market value of the property at the time of the offense, [the defendant] can be convicted only of second-degree 2 “Electrical components like televisions, computers, and stereo systems are subject to accelerated obsolescence because manufacturers are constantly releasing new, improved technology at lower prices.
discussed Cited as authority (rule) Y.R. v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
Here, as in Contes v. State, 190 So.3d 198, 199 (Fla. 3d DCA 2016), “[because the evidence failed to establish the fair market value of the property at the time of the offense, [the defendant] can be convicted only of second-degree petit theft, a second-degree misdemeanor.” We thus remand this case to the trial court to vacate the charge and adjudication of delinquency in count I of the petition of first-degree petit theft and to enter an adjudication of second-degree petit theft.
Retrieving the full opinion text from the archive…
Marissa CONTES, Appellant,
v.
the STATE of Florida, Appellee
3D14-2713.
District Court of Appeal of Florida, Third District.
Apr 20, 2016.
190 So. 3d 198
2016 WL 1579236
2016 Fla. App. LEXIS 5959
Carlos J. Martinez, Public Defender, and Jeffrey Paul DeSousa, Assistant Public. Defender, for appellant., Pamela Jo Bondi, Attorney General, and Shayne R. Burnham, Assistant Attorney General, for appellee.
Emas, Logue, Scales.
Cited by 5 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 64%
Citer courts: District Court of Appeal of Fl… (1)
EMAS, J. -

Upon our de novo review of the record, we hold that the evidence presented at trial was sufficient for the jury to determine that Marissa Contes was not merely present, but intended to and did participate in the crime by serving (as an eyewitness described) as a lookout for her co-defendant during the commission of a burglary, and was therefore guilty as a principal to the- crime of - burglary. See § 777.011, Fla. Stat. (2013); C.L.A. v. State, 478 So.2d 872 (Fla. 3d DCA 1985). Cf. In the Interest of A.R., 460 So.2d 1024 (Fla. 4th DCA 1984). We therefore affirm[*199] the judgment and sentence for the burglary charge.

However, we reverse the judgment and sentence for the charge of grand theft, as the State failed to establish that the property stolen was valued at more than $300, as required for grand theft of the third-degree. See § 812.014(l)(c)l, Fla. Stat. (2013). “Value” for purposes of theft under this section means “the market value of the property at the time and place of the offense.... ” See § 812.012(10)(a)l, Fla. Stat. (2014); K.W. v. State, 13 So.3d 90 (Fla. 3d DCA 2009). Because the evidence failed to establish the fair market value of the property at the time of the offense, Contes can be convicted only of second-degree petit theft, a second-degree misdemeanor. See § 812.0l4(3)(a), Fla. Stat. (2013). We remand this cause to the trial court to vacate the judgment and sentence on the charge of grand theft and to enter judgment for second-degree misdemeanor petit theft. The court shall conduct a sentencing hearing, at which Contes has a right to be present, for the purpose of imposing sentence on the judgment for petit theft.

Affirmed in part, reversed in part,- and remanded with instructions.-