Raynor v. State, 341 So. 2d 998 (Fla. 4th DCA 1976). · Go Syfert
Raynor v. State, 341 So. 2d 998 (Fla. 4th DCA 1976). Cases Citing This Book View Copy Cite
Quick Summary

A conviction for breaking and entering with intent to commit grand larceny requires proof of the market value of the stolen property at the time of the theft.

The defendant is convicted of breaking and entering a dwelling with intent to commit grand larceny. The State presents evidence identifying stolen items and their purchase price from three years prior, but fails to prove their market value at the time of the theft. The court applies the rule that a conviction for grand larceny requires proof that the property stolen had a market value of at least one hundred dollars at the time of the taking. Because the State fails to introduce sufficient evidence to establish this essential element, the court reduces the conviction to breaking and entering with intent to commit a misdemeanor and remands the case for sentencing.

3 citation events across 1 distinct court.
Cited for

No citing cases on record.

Retrieving the full opinion text from the archive…
Gilbert Lee RAYNOR
v.
STATE of Florida
No. 75-1503.
District Court of Appeal of Florida, Fourth District.
Nov 19, 1976.
Published opinion
341 So. 2d 998
1976 Fla. App. LEXIS 16163
Richard L. Jorandby, Public Defender, and James R. Bean, III, Asst. Public Defender, West Palm Beach, for appellant., Robert L. Shevin, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., West Palm Beach, for appellee.
Cross, Dow, Mager, Ney.
Cited by 3 opinions  |  Published
PER CURIAM.

Upon review of the briefs and record on appeal we are of the opinion that the State failed to present sufficient evidence to support a conviction of breaking and entering a dwelling house with intent to commit a felony, to wit, grand larceny as proscribed by the then effective statute, section 810.01, Florida Statutes. In particular, the State failed to introduce evidence to demonstrate what the market value of the items taken was at the time of the theft. Platt v. State, 291 So.2d 96 (Fla. 2d DCA 1974). The only pertinent evidence in this record came from the victim’s son who identified the items as being those taken in the burglary, further indicating the purchase price for one of the items which had been purchased some three years earlier. It is essential, under section 810.01, to show that the perpetrator’s intent at the time of the breaking was to steal property of the value of $100 or more by adducing proof of the market value at the time of the theft of the items taken. Platt v. State, supra; Gamble v. State, 210 So.2d 238 (Fla. 2d DCA 1968). This, the State failed to do.

Accordingly, the judgment of conviction of breaking and entering ■ with intent to commit a felony, to wit, grand larceny, is reduced pursuant to sec. 924.34, Florida Statutes, to breaking and entering with intent to commit a misdemeanor and the cause remanded to the trial court for impo[*999]sition of sentence in accordance herewith. See Section 810.05, Florida Statutes.

MAGER, C. J., and CROSS and DOW-NEY, JJ., concur.