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394 So. 2d 201

Docket No. 80-745.

Beasley v. State

Jordan BEASLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 18, 1981.

District Court of Appeal of Florida · decided 1981-02-18

Cited by 5 later decisions — most recently April 1995

5 state decisions

Relies on Edge v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-02-18

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¶1Richard L. Jorandby, Public Defender, and Tatjana Ostapoff and John R. Cullom, Asst. Public Defenders, West Palm Beach, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Mark Horn, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4Appellant was found guilty of grand theft. He appeals the judgment of conviction and sentence, contending the trial court erred in 1) refusing to declare appellant indigent and appoint counsel, and 2) in sentencing appellant for grand theft.

¶5We find no merit in appellant's first contention. However, there is merit in two aspects of his second argument.

¶6Appellant was charged with grand theft of a second hand television set only. The only proof of value was proof of the cost of the television set and a stand. Thus, upon authority of Edge v. State,372 So.2d 1162 (Fla. 1st DCA 1979), we reverse the judgment of conviction and sentence and remand the cause to the trial court with directions to vacate the judgment and sentence for grand theft and to enter judgment for petty theft and resentence appellant accordingly.

¶7REVERSED AND REMANDED with directions.

¶8LETTS, C.J., and DOWNEY and HERSEY, JJ., concur.

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