Ortiz v. State Of Fla.
Decision Date | 09 June 2010 |
Docket Number | No. 4D08-3602.,4D08-3602. |
Citation | 36 So.3d 901 |
Parties | Andres ORTIZ, Appellant,v.STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Carey Haughwout, Public Defender, and Christine Geraghty, Assistant Public Defender, West Palm Beach, for appellant.
Bill McCollum, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.
Appellant, Andres Ortiz, appeals his convictions for organized scheme to defraud and first degree petit theft. Because the state failed to prove the value of the checkbook stolen as alleged in the information, we reverse the conviction for first degree petit theft, rejecting the state's contention that the jury could consider the total amount on deposit in the bank account as the value of the checkbook. On all other issues we affirm.
The state charged Ortiz with engaging in an organized scheme to defraud, burglary of a dwelling, and petit theft. As to petit theft, the information alleged that Ortiz stole a checkbook belonging to the victim. The state proved at trial that Ortiz entered the victim's home, took her checkbook, and then cashed several forged checks totaling $725. Appellant claimed that the alleged victim gave him the checks as payment for roofing work and a car he sold to her. The cashing of the forged checks constituted the proof of an organized scheme to defraud. At trial, the jury found Ortiz guilty of organized scheme to defraud and of first degree petit theft but acquitted him of burglary.
Ortiz moved for a judgment of acquittal of first degree petit theft. See Fla. R.Crim. P. 3.380(c); see State v. Stevens, 694 So.2d 731, 733 (Fla.1997). He argued that the state failed to prove the value of the checkbook that was stolen. In denying the motion, the trial court reasoned that the value of the checkbook was the value of the entire checking account. Ortiz appeals the denial of the motion for judgment of acquittal and his resulting conviction for first degree petit theft.
The standard of review for the denial of a motion for judgment of acquittal is de novo. Pagan v. State, 830 So.2d 792, 803 (Fla.2002).
To establish the commission of a first degree petit theft, the state is required to prove that the property stolen is valued at $100 or more, but less than $300. § 812.014(2)(e), Fla. Stat. Where the state fails to prove that the stolen property is worth at least $100, a conviction for first degree petit theft must be reduced to second degree petit theft. See K.W. v. State, 13 So.3d 90, 92 (Fla. 3d DCA 2009) ( ).
The standard jury instruction on theft defines “value” as follows:
See Fla. Std. Jury Instr. (Crim.) 14.1 (emphasis added).
Relying on the portion of the jury instruction pertaining to theft of a written instrument, the trial court concluded that the jury could consider the value of the entire checking account in determining the value of the checkbook. Likewise, on appeal the state argues the amount in the checking account represented the greatest economic loss the victim could suffer by virtue of the loss of her checkbook. However, the state specifically alleged the theft of the checkbook....
To continue reading
Request your trial-
Alfonso-Roche v. State
...failed to file a Rule 3.850 motion. We have de novo review of the denial of a motion for judgment of acquittal. Ortiz v. State, 36 So.3d 901, 902 (Fla. 4th DCA 2010) (citing Pagan v. State, 830 So.2d 792, 803 (Fla.2002) ). Where defense counsel fails to move for a judgment of acquittal, we ......
-
Antoine v. State
...denial of a motion for judgment of acquittal is de novo.’ ” Segal v. State, 98 So.3d 739, 742 (Fla. 4th DCA 2012) (quoting Ortiz v. State, 36 So.3d 901, 902 (Fla. 4th DCA 2010)). Since “[t]he purpose of a motion for judgment of acquittal is to test the legal sufficiency of the evidence pres......
-
CLARK v. State of Fla.
...is worth at least $100, a conviction for first degree petit theft must be reduced to second degree petit theft." Ortiz v. State, 36 So.3d 901 (Fla. 4th DCA 2010). See also White v. State, 993 So.2d 611, 614 (Fla. 1st DCA 2008); A.B. v. State, 940 So.2d 585, 586 (Fla. 1st DCA 2006); Parrish ......
-
Grant v. State
...of his intent to the jury. “The standard of review for the denial of a motion for judgment of acquittal is de novo.” Ortiz v. State, 36 So.3d 901, 902 (Fla. 4th DCA 2010) (citing Pagan v. State, 830 So.2d 792, 803 (Fla.2002)). “ ‘If after viewing the evidence in the light most favorable to ......
-
Crimes
...the value of the checkbook was the value of the paper. The court erred in refusing a JOA to second-degree petit theft. Ortiz v. State, 36 So. 3d 901 (Fla. 4th DCA 2010) Defendant cannot be convicted of both grand theft and scheme to defraud for the same acts. Newton v. State, 31 So. 3d 892 ......