FW v. State

F.W., a Juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 20, 1984.

District Court of Appeal of Florida · decided 1984-11-20

Relies on 306 So. 2d 104 - Negron v. State · 425 So. 2d 1191 - Taylor v. State · 438 So. 2d 988 - J.J. v. State

Decided 1984-11-20

¶1Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

¶2Jim Smith, Atty. Gen., and Richard E. Doran, Asst. Atty. Gen., for appellee.

¶3Before BARKDULL, NESBITT and FERGUSON, JJ.

¶4PER CURIAM.

¶5Because the state failed to establish the market value of the property so as to classify it as a felony under sections 812.012(9)(a)(1) and 812.014(2)(b)(1), Florida Statutes (1983), the juvenile's conviction for grand theft is reversed. Negron v. State, 306 So.2d 104, 108 (Fla. 1974); Taylor v. State, 425 So.2d 1191, 1194 (Fla. 1st DCA 1983). Consequently, the defendant's adjudication of delinquency is reduced from grand theft to petit theft. J.J. v. State, 438 So.2d 988 (Fla. 3d DCA 1983).

¶6As modified, the adjudication and sentence for delinquency is affirmed.