Articles Posted in Grand Theft

Cell PhoneThe value of the stolen items is a required element in proving a Florida theft crime. The greater the value of the allegedly stolen item, the harsher the potential penalty. There are a variety of methods that the parties to a theft crime use to establish the value of a stolen item. A November 2017 Fifth District Court of Appeals decision overturned a grand theft conviction because the prosecution had failed to establish the value of the property beyond a reasonable doubt.

The court in this case relied on a 2013 decision, C.G. v. State of Florida, to determine the appropriate method to establish the valuation of stolen property under Florida law. At trial, the defendant was convicted of first-degree petit theft for stealing a cell phone with a value of $100 or more but less than $300. The Fifth District court held that there was not sufficient evidence to show that the cell phone’s value was at least $100.

The victim of the theft testified that he paid $200 for the cell phone six months before the theft and that the cell phone was in essentially the same condition at the time it was stolen as it was when it was purchased. The court, in reciting the applicable law, stated that the value of a stolen item at the time of the theft must be established beyond a reasonable doubt. Value may be established through direct testimony of fair market value. In the absence of direct testimony, its value can be established through evidence of:  (1) the original market cost; (2) the manner in which the property was used; (3) the condition of the property; and (4) the percentage of depreciation of the items since the purchase.

Continue Reading

Restrictions against double jeopardy, the prosecution of a person twice for the same offense, are a foundational protection for criminal defendants. In fact, the protection is enshrined in the U.S. Constitution’s Fifth Amendment. Often, it’s easy to identify when a subsequent prosecution would constitute double jeopardy. For instance, if a defendant is found not guilty of a crime by a jury, another prosecutor is not permitted to try the defendant again for the same crime with a different jury.US Constitution

However, a recent Florida theft decision considered whether the prosecution of both carjacking and burglary of a conveyance is effectively trying a defendant for the same crime twice.

Florida Statute section 775.021(4) provided the rules of construction that served as the basis for the court’s double jeopardy analysis. Criminals are generally tried and convicted for all of the crimes that occurred in a criminal transaction or episode; however, an exception to this rule is if separate offenses require proof of the same elements of, or are subsumed by, another offense.

Continue Reading