Butler v. State
| Decision Date | 24 January 1978 |
| Docket Number | No. 77-256,77-256 |
| Citation | 354 So.2d 437 |
| Parties | Leon BUTLER, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender and Karen M. Gottlieb, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen. and Margarita Esquiroz, Asst. Atty. Gen., for appellee.
Before HAVERFIELD, C. J., and HENDRY and KEHOE, JJ.
The sole question presented in this appeal is whether the evidence as to the value of the items taken from the victim's home was sufficient to sustain the conviction of defendant-appellant, Leon Butler, for grand larceny.
Proof of the element of value is essential for a conviction for grand larceny and with respect to this element, the proper measure is the fair market value of the stolen item(s) at the time of the theft. Negron v. State, 306 So.2d 104 (Fla.1974). It is entirely permissible to use the owner or victim to establish the market value. See Kinsey v. State, 237 So.2d 808 (Fla.3d DCA 1970); Singleton v. State, 258 So.2d 313 (Fla.2d DCA 1972); Platt v. State, 291 So.2d 96 (Fla.2d DCA 1974); Vickers v. State, 303 So.2d 700 (Fla.1st DCA 1974); Beasley v. State, 305 So.2d 285 (Fla.3d DCA 1974). Upon being questioned by the prosecutor, the owner in the instant case testified that the fair market value of the items stolen was $700 or $800. Thus, the evidence of market value was sufficient to sustain defendant's conviction for grand larceny.
Affirmed.
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Rodriquez v. State, 82-570
...("The value of the property taken must be established as an essential element of the crime of grand larceny.") See also Butler v. State, 354 So.2d 437 (Fla. 3d DCA 1978); Johnson v. State, 353 So.2d 889 (Fla. 3d DCA 1978); Spencer v. State, 217 So.2d 332 (Fla. 4th DCA 1968); Todd v. State, ......
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D.L. v. State, 87-1065
...(Fla. 1st DCA 1983); Beasley v. State, 305 So.2d 285 (Fla. 3d DCA 1974), cert. denied, 315 So.2d 180 (Fla.1975); cf. Butler v. State, 354 So.2d 437 (Fla. 3d DCA 1978) (owner may testify as to fair market value of stolen items at time of theft). Accordingly, we reverse the adjudication of de......
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J.O. v. State, 89-1186
...(Fla. 1st DCA 1983); Beasley v. State, 305 So.2d 285 (Fla. 3d DCA 1974), cert. denied, 315 So.2d 180 (Fla.1975); cf. Butler v. State, 354 So.2d 437 (Fla. 3d DCA 1978) (owner may testify as to fair market value of stolen items at time of Accordingly, we affirm the adjudication of delinquency......
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R.P. v. State, 83-2696
...'bout a half of it," was sufficient to establish that the purse contained more than $100 at the time it was taken. Butler v. State, 354 So.2d 437 (Fla. 3d DCA 1978); Kinsey v. State, 237 So.2d 808 (Fla. 3d DCA For these reasons, we vacate the adjudication of delinquency based on robbery and......