Arrestable Offenses / Crimes under Fla. Stat. 812.014
S812.014 2c1 - LARC - RENUMBERED. SEE REC # 8847 - F: T
S812.014 2d - LARC - RENUMBERED. SEE REC # 8848 - F: T
S812.014 2d - LARC - RENUMBERED. SEE REC # 10426 - F: T
S812.014 2e - LARC - RENUMBERED. SEE REC # 8849 - M: F
S812.014 2e - LARC - RENUMBERED. SEE REC # 10432 - M: F
S812.014 2f - LARC - RENUMBERED. SEE REC # 10433 - F: S
CopyCited 191 times | Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 624, 2003 Fla. LEXIS 1177
first-degree misdemeanor. 816 So.2d at 700; see §
812.014(l)(a), (2)(e), Fla. Stat. (1999) (declaring the
CopyCited 128 times | Published | Supreme Court of Florida | 2003 WL 21555122
...The Decisions in Conflict The operative facts of the two cases are essentially the same. In F.B., the petitioner was adjudicated delinquent on the charge of petit theft of items valued at $100 or more but less than $300, a firstdegree misdemeanor.
816 So.2d at 700; see §
812.014(1)(a), (2)(e), Fla....
CopyCited 111 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 28029
...Marlene Jaggernauth petitions for review of the Board of Immigration
Appeals’ (“BIA”) November 14, 2003 order affirming the Immigration Judge’s
(“IJ”) order of removal based on a finding that Jaggernauth’s conviction in 2001
for grand theft under Florida Statutes § 812.014(1) constituted an aggravated
felony under § 101(a)(43)(G) of the Immigration and Nationality Act (“INA”), 8
U.S.C. § 1101(a)(43)(G) (2000), subjecting her to deportation under §
237(a)(2)(A)(iii) of the INA, 8 U.S.C. § 1227(a)(2)(A)(iii).
Jaggernauth argues that Florida Statutes § 812.014(1) is a divisible statute
encompassing some offenses that constitute deportable aggravated felonies and
some that do not, and that because the record is unclear as to whether she was
convicted under the portion of § 812.014(1) that encompasses deportable felonies,
the BIA erred in finding her removable....
...years old. She was a lawful permanent resident until 2003, when she was ordered
removed in the present proceedings. The removal order at issue concerns
Jaggernauth’s April 1997 nolo contendere plea and conviction for grand theft
under Florida Statutes § 812.014(1)....
...3
(a) Deprive the other person of a right to the property or a benefit
from the property.
(b) Appropriate the property to his or her own use or to the use of any
person not entitled to the use of the property.
Fla. Stat. § 812.014(1)....
...For this conviction, Jaggernauth was initially sentenced
to probation, though she was later sentenced to six months’ imprisonment after a
probation violation.
On May 29, 2001 Jaggernauth pleaded nolo contendere and was again
convicted of grand theft under Florida Statutes §
812.014(1) as well as the
misdemeanor offense of resisting a merchant under Florida Statutes §
812.015(6).
The 2001 Information charging Jaggernauth with grand theft tracked the general
language of §
812.014(1)....
...Jaggernauth timely appealed the IJ’s decision to the BIA. On November 14,
2003 the BIA dismissed the appeal, affirming the IJ’s conclusion that Jaggernauth
is an aggravated felon and upholding the IJ’s order of removal. The BIA order
stated that § 812.014(1) appeared to be a divisible statute, encompassing some
offenses that constitute deportable aggravated felonies and some that do not, but
concluded that the record of conviction established that the grand theft offense...
...Even if [our reliance on Jaggernauth’s simultaneous conviction for
Resisting a Merchant while engaged in theft] was in error, as the
respondent claims, the case law of Florida shows that a conviction for
grand theft under Fla. Stat. § 812.014(1) necessarily constitutes a theft
offense for the purposes of section 101(a)(43)(G) of the [INA].
According to the case law, the intent to steal or deprive the victim of
the victim’s property is a necessary element of...
...l reasoning).
Because the November 14, 2003 order of removal, having been affirmed by
the January 21, 2004 order, is final, we have limited jurisdiction over the petition
for review in this case.
B. Is a Violation of Florida Statutes § 812.014(1) an Aggravated Felony
for Purposes of the INA?
In order to find that Jaggernauth was convicted of an aggravated felony based
on her 2001 conviction under § 812.014(1), the BIA was required to find that the
INS established by “clear, unequivocal, and convincing evidence” that she
committed a “theft offense” as that term is used in the INA – specifically, that she
took property with the criminal intent to deprive another of rights to and benefits of
the property....
...Christopher,
239 F.3d 1191, 1193 (11th
Cir. 2001) (a theft offense is an aggravated felony if the “term of imprisonment is at
least one year” regardless of any suspension of the sentence imposed).
We have never before addressed whether a conviction under Fla. Stat. §
812.014(1) necessarily constitutes a theft offense for purposes of the aggravated
felony definition....
...f an aggravated felony, we first look to the
fact of conviction and the statutory definition of the offense. See In re Batista-
Hernandez, 21 I. & N. Dec. 955, 970 (BIA 1997) (citing Taylor v. United States,
495 U.S. 575 (1990)). Florida Statutes §
812.014 (1) provides that:
(1) A person commits theft if he or she knowingly obtains or uses, or
endeavors to obtain or to use, the property of another with intent to,
either temporarily or permanently:
(a) Depriv...
...a right to the property or a
benefit from the property.
(b) Appropriate the property to his or her own use or to the use
of any person not entitled to the use of the property.3
The plain language of §
812.014(1) does not explicitly state whether the
requirement of an intent to deprive another of the rights and benefits of property,
under subpart (a) of §
812.014(1), and the intent to appropriate property for one’s
own use, under subpart (b) of §
812.014(1), are to be read conjunctively or
disjunctively. Florida courts, however, have consistently interpreted the section in
3
Jaggernauth was convicted of grand theft in the third degree, a third degree felony.
Florida Statutes §
812.014(2)(c)(1) defines grand theft in the third degree as offenses where the
property stolen is valued at $300 or more.
14
the disjunctive, to articulate two distinct levels of intent. For example, in T.L.M. v.
State,
755 So. 2d 749, 751 (Fla. Dist. Ct. App. 2000), the court stated that “Section
812.014 requires a finding of specific criminal intent to either (a) ‘deprive’ the other
person of a right to the property or a benefit therefrom or (b) ‘appropriate’ the
property to his own use or to the use of any person not entitled thereto.” Id....
...at 751
(emphasis added). See also Canady v. State,
813 So. 2d 161, 161 (Fla. Dist. Ct.
App. 2002) (“The evidence was insufficient to prove [the defendant’s] criminal
intent to deprive another person of property, or to appropriate the property, as
required under section
812.014”) (emphasis added); Allen v....
...to allow the jury to find the appellant guilty of grand theft because he knowingly
used the property of another with intent to either temporarily or permanently
deprive the owner of a right to his property or to appropriate the property to his own
use in violation of sections
812.014(1) and
812.014(2)(c))” (emphasis added). In
this Circuit, we have similarly read an “or” into §
812.014(1) between subpart (a)
and subpart (b), and have interpreted the section as encompassing two separate
levels of intent. See Messer v. E.F. Hutton & Co.,
833 F.2d 909, 921 (11th Cir.
1987) (“[Section
812.014(1)] provides for liability only if the property is used or
obtained ‘with intent to, either temporarily or permanently, . . . deprive the other
person of a right to the property or the benefit therefrom . . . [or] appropriate the
15
property to his own use or to the use of any person not entitled thereto.’” (quoting
§
812.014(1)).4
Because two distinct intent standards exist in §
812.014(1), we cannot say
that both subparts would necessarily involve an intent to deprive another person of a
right to the property or a benefit from the property....
...property; a taking of possession,” see Black’s Law Dictionary at 98 (7th ed. 1990),
4
The Information filed against Jaggernauth for her 2001 grand theft charge likewise
acknowledges the disjunctive character of the intent elements of § 812.014(1)....
...Information at 1 (emphasis added).
16
and which would not necessarily entail that the property owner be deprived his or
her rights to the property’s use or benefits.
Given the above evidence that § 812.014(1) involves two different types of
intent, we agree with Jaggernauth that the statute is “divisible” – that is, it contains
some offenses that are aggravated felonies and others that are not.5 See In re
Sweetser, 22 I....
...e the property and
return it to its owner. See Nov. 14, 2003 Order at 2.
17
therefore not properly considered “thefts” for purposes of the aggravated felony
definition of the INA).
Because § 812.014(1) is a divisible statute, the fact of conviction and the
statutory language alone are insufficient to establish – by “clear, unequivocal, and
convincing evidence” – under which subpart Jaggernauth was convicted....
...Dec. 316, 319 (BIA 1996).
The record of conviction introduced in this case – the Information, plea,
judgment and sentence – do not provide clear, unequivocal and convincing
evidence that Jaggernauth’s 2001 grand theft conviction under § 812.014(1) was for
a taking with the intent to deprive another of their rights or benefits of property.
First, the Information explicitly charges Jaggernauth in the disjunctive, and thus
does not support the conclusion that she was charged under subpart (a) rather than
18
subpart (b) of § 812.014(1). See Information at 1. Second, the written plea and
sentencing documents similarly reference the general statutory provision, §
812.014(1), without specific mention that Jaggernauth was convicted of either
subparts (a) or (b).
Third, we disagree with the BIA that Jaggernauth’s simultaneous conviction
for resisting a merchant establishes that her grand theft conviction was an
aggravated felony....
...crime individually does not involve moral turpitude”). In any event, the
Information on the resisting a merchant charge provides no information as to
whether Jaggernauth either intended to deprive another of the rights and benefits of
property under § 812.014(1)(a), or merely intended to appropriate property to her
own use under § 812.014(1)(b)....
CopyCited 74 times | Published | Supreme Court of Florida | 2001 WL 1472614
...After exiting the residence with these items, Hayes and the two others used the keys to steal the van, which was parked outside of the victim's residence. See id. On appeal, Hayes asserted that his convictions for armed robbery under section
812.13, Florida Statutes (1997), [2] and grand theft of a motor vehicle under section
812.014, Florida Statutes (1997), [3] were obtained *698 in violation of the prohibition against double jeopardy because both convictions resulted from the same criminal episode....
...s provided in s.
775.082, s.
775.083, or s.
775.084. (b) If in the course of committing the robbery the offender carried a weapon, then the robbery is a felony of the first degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. [3] Section
812.014, Florida Statutes (1997), provides in pertinent part: (1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a)...
CopyCited 67 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 598, 1986 Fla. LEXIS 2859
...However, rather than applying the proceeds to the down payment, as agreed, he used the proceeds from the sales to pay his own debts. Royall later wrote Pridgen three personal checks, all of which were returned for insufficient funds. Based on the foregoing, Royall was charged with two counts of grand theft, pursuant to section 812.014, Florida Statutes (Supp....
...n favor of the insured. Firemans Fund Insurance Co. v. Boyd,
45 So.2d 499 (Fla. 1950). Further, as noted by the district court the conversion which occurred in this case, is a "theft" as that term is broadly defined under Florida's Anti-Fencing Act. Section
812.014(1)(a) & (b), Florida Statutes states: (1) A person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit therefrom....
CopyCited 66 times | Published | Supreme Court of Florida | 2003 WL 22860461
...eal that was in direct conflict with decisions from two other district courts of appeal. The issue presented was the Legislature's intended unit of prosecution for the theft of a firearm under subsection (2)(b)(3) of Florida's general theft statute. §
812.014, Fla. Stat. (1979). Employing what it called "a common sense reading of the plain language of section
812.014(2)(b)," the Second District determined that such a reading demonstrates "that the legislature unmistakably intended for the simultaneous unlawful taking of more than one firearm to be subject to a separate prosecution." State v. Grappin,
427 So.2d 760, 763 (Fla. 2d DCA 1983) (emphasis added), approved,
450 So.2d 480 (Fla.1984). Section
812.014(2)(b), Florida Statutes (1979), read as follows: (b) It is grand theft of the second degree and a felony of the third degree......
...urt decisions construing similar federal statutes that used either "any" firearm or "a" firearm. Ultimately, by applying this common-sense approach to statutory interpretation, we found "that the use of the article `a' in reference to `a firearm' in section
812.014(2)(b)3 clearly shows that the legislature intended to make each firearm a separate unit of prosecution." Grappin,
450 So.2d at 482....
CopyCited 58 times | Published | Court of Appeals for the Eleventh Circuit | 79 U.S.P.Q. 2d (BNA) 1768, 34 Media L. Rep. (BNA) 2118, 2006 U.S. App. LEXIS 17989, 2006 WL 1984448
...parties a cause of action for a violation of the criminal section’”) (quoting Ames v.
Provident Life & Accident Ins. Co.,
942 F. Supp. 551, 560 (S.D. Fla. 1994)).
Almeida claims that she can prove by clear and convincing evidence that Amazon
violated section
812.014(1), which provides:
(1) A person commits theft if he or she knowingly obtains or
uses, or endeavors to obtain or to use, the property of another
with intent to, either temporarily or permanently...
...perty or
a benefit from the property.
(b) Appropriate the property to his or her own use or to
the use of any person not entitled to the use of the
property.
Fla. Stat. § 812.014(1).
In order to establish a violation of section 812.014(1), Almeida must show
that Amazon “knowingly obtained or used, or endeavored to obtain or to use,”
Almeida’s property with the “felonious intent” to “appropriate the property to
[Amazon’s] own use or to the use of any...
...e of the
22
property.” Palmer,
106 F. Supp. 2d at 1303; see Ames,
942 F. Supp. at 560
(holding that the plaintiff must show “felonious intent” to commit theft in order to
establish a violation of section
812.014(1))....
CopyCited 58 times | Published | Supreme Court of Florida | 2006 WL 3741053
...avoring to obtain or use, property of another (3) with intent to deprive the person of a right to the property or a benefit therefrom, or to appropriate the property to one's own use or to the use of any person not entitled thereto. Id. (summarizing section 812.014, Florida Statutes (1987))....
CopyCited 53 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 623
...Under Florida law, a necessary element for establishing the crime of theft is that the defendant had, prior to the commission of the act, an intent to commit a theft. Hurd v. State,
440 So.2d 691 (Fla. 1st DCA 1983); State v. Dunmann,
427 So.2d 166 (Fla. 1983); Section
812.014, Florida Statutes (1983)....
...After a non-jury trial, the district judge concluded that Advanced had breached its contract with Automated and Automated had incurred $72,100.00 in damages. The district judge also concluded that Advanced's actions amounted to theft under Fla. Stat. § 812.014 (1983) and trebled the damages pursuant to Fla....
...greement with the intent to deceive Automated and not to perform under the contract. There is no question that Advanced breached its contract with Automated. The main issue before us is whether Advanced's conduct also amounted to theft as defined by § 812.014. (1) Without holding that conduct amounting to a breach of contract can never constitute theft, we conclude that on the facts of this case Advanced did not violate § 812.014....
...h Advanced. Advanced's failure to abide by that contract constituted a breach entitling Automated to compensatory damages; it did not constitute theft. Automated cites no case holding that a simple breach of contract is the equivalent of theft under § 812.014....
...overdraft. The bank, pursuant to its contract with the customer, made payment on the check. The customer, in breach of the contract, refused to cover the overdraft, and the bank brought suit. The trial court found that the customer's action violated § 812.014 and awarded treble damages. The district court of appeal reversed, holding that the bank was entitled only to damages for breach of contract. We interpret this case as an indication that § 812.014 does not apply to ordinary breaches of contract such as those involved in the present case. Accordingly, we hold that Advanced did not violate § 812.014; therefore, the court should not have trebled Automated's damages....
CopyCited 42 times | Published | Supreme Court of Florida
...So.2d at 762. The district court further recognized, however, that where the "legislature does not establish the allowable unit of prosecution with clarity, the ambiguity must be resolved in the accused's favor." Id. In construing the theft statute, section 812.014(2)(b), Florida Statutes (1981), to determine the allowable unit of prosecution intended by the legislature, [*] the district court concluded that in the statute the legislature used the articles "a" and "any" to signify the permissible unit of prosecution. Because the article "a" was used in reference to "a firearm" in section 812.014(2)(b)3, the district court determined, the legislature intended "to treat separately each stick in the bundle," id....
...The trial court's reliance on Hearn v. State , the district court determined, was incorrect because Hearn "antedated the enactment of the theft statute ... [and] conflicts with the legislature's intent regarding the allowable unit of prosecution under parts 2 through 4 of section 812.014(2)(b)." Id. at 762. The district court concluded that a common sense reading of the plain language of section 812.014(2)(b) demonstrates *482 that the legislature unmistakably intended for the simultaneous unlawful taking of more than one firearm to be subject to a separate prosecution (and punishment) as to each firearm so taken....
...Getz,
435 So.2d 789 (Fla. 1983), which was decided after the district court issued its opinion in this case, we held that the grand theft of a firearm and the petit theft of a calculator and coins at the same time from the same place constitute separate offenses under section
812.014(2)(b) and (c)....
...1280,
2 L.Ed.2d 1405 (1958), the United States Supreme Court found the legislative intent clear, distinguished Bell, and upheld three separate convictions and sentences arising out of a single criminal episode of narcotics distribution. We find that the use of the article "a" in reference to "a firearm" in section
812.014(2)(b)3 clearly shows that the legislature intended to make each firearm a separate unit of prosecution....
...ey conflict with our decision here. It is so ordered. ALDERMAN, C.J., and BOYD, McDONALD, EHRLICH and SHAW, JJ., concur. ADKINS, J., dissents with an opinion. ADKINS, Justice, dissenting. I dissent. The charges were made under the same subsection of section
812.014(2)(b) and all the firearms were taken during the same episode. State v. Getz,
435 So.2d 789 (Fla. 1983), involved charges based on two different subsections of section
812.014(2)....
...Under the rule pronounced by the majority, an accused charged with stealing one hundred "hundred dollar bills" could be charged with one hundred grand thefts. If there were some extra change, he would face an additional petit larceny charge for each coin. This result is ridiculous. NOTES [*] Section 812.014(2)(b) reads as follows: (b) It is grand theft of the second degree and a felony of the third degree, punishable as provided in ss....
CopyCited 41 times | Published | Supreme Court of Florida
...ution, and quash Baxley and Dunmann. The state charged Burnice Baxley, Danny Lee Harvey, Frederick Hazelwood, Glenn Barna, Andre Taylor, and Kevin Dunmann with separate unrelated counts of grand theft second degree of a motor vehicle in violation of section 812.014, Florida Statutes (1977 & 1979)....
...zelwood, Barna, and Taylor. Sitting en banc, the district court followed its previous decision in Faison v. State,
390 So.2d 728 (Fla. 5th DCA 1980), and held that the intent to permanently deprive the owner of his property is a requisite element of section
812.014....
...to the use of any person not entitled thereto.'"
407 So.2d at 1022. The trial court dismissed the information for failing to allege the specific intent to permanently deprive the victim of his property. The fourth district reversed and in comparing section
812.014 with former section 812.021, Florida Statutes (1975), relied on State v. Allen,
362 So.2d 10 (Fla. 1978), in holding that, although specific criminal intent must be alleged in charging a crime under section
812.014, the intent to permanently deprive is not the specific intent intended by the legislature....
...n owner of his property. We find that chapter 77-342 did repeal section 812.041 by implication and that the specific intent necessary for theft is the intent to steal, not the intent to permanently deprive an owner of his property. Subsection (1) of section 812.014 provides: A person is guilty of theft if he obtains or uses, or endeavors to obtain or to use, the property of another with intent: (a) To deprive the other person of a right to the property or a benefit therefrom....
..."Obtains or uses" is defined as "any manner of: (a) Taking or exercising control over property [or] (b) Making any unauthorized use, disposition, or transfer of property." §
812.012(2), Fla. Stat. (1977) (emphasis supplied). In contrast to the above-quoted portions of sections
812.014 and
812.012, however, section 812.041, Florida Statutes (1977), purports to deal with the unauthorized temporary use of motor vehicles, aircraft, and boats and provides as follows: (1) Any person who temporarily uses any motor vehicle, aircra...
...nder a claim of right or with the presumed consent of the owner or other person having the legal control, care, or custody of the same. Thus, section 812.041, the so-called "joy-riding statute," pertains to temporary unauthorized use, while sections
812.014 and
812.012 pertain to any unauthorized use. By the bare language of these sections, therefore, either sections
812.014 and
812.012 must be interpreted narrowly in order to give section 812.041 a field of operation or else we must hold that section 812.041 has been repealed by implication....
...eant an existing law to remain in effect regardless of a new statute which might appear to infringe on the scope of the former. Our analysis of the statutes involved here leads us to conclude that chapter 77-342, Laws of Florida, from which sections
812.014 and
812.012 are derived, repealed section 812.041 by implication....
...504, 509,
196 So. 302, 304 (1940) (emphasis supplied); State v. Medlin,
273 So.2d 394 (Fla. 1973). In State v. Allen,
362 So.2d 10 (Fla. 1978), this Court looked at the 1977 legislature's failure to include the word "unlawful" in the newly enacted subsection
812.014(1). We held that "unlawful" must be read into the statute because we could find no indication that the legislature intended to eliminate specific criminal intent as an element of the offense proscribed by section
812.014. We did not, however, define the requisite specific intent. The instant cases present us with the opportunity to do so. We agree with the state that, due to the broad language of sections
812.014 and
812.012, the intent meant by subsection
812.014(1) is the intent to deprive, not the intent to permanently deprive....
...We quash Baxley and Dunmann and remand for the district court to issue orders consistent with this opinion. It is so ordered. ALDERMAN, C.J., and ADKINS, BOYD, OVERTON and EHRLICH, JJ., concur. NOTES [*] Although we do not rely on this in reaching the instant conclusion, we note that the 1982 legislature amended § 812.014(1) to provide for intent to deprive either permanently or temporarily and repealed § 812.041....
CopyCited 39 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 447, 1995 Fla. LEXIS 1417, 1995 WL 511416
...ate credit card; these checks were returned for insufficient funds. As a result of these two incidents, Cohen was charged with grand theft. Pursuant to a negotiated plea, Cohen pled nolo contendere to petit theft a second-degree misdemeanor under section 812.014, Florida Statutes (1989) and agreed to pay restitution to Starr Tyme....
...or decree rendered in favor of the state" in a prior prosecution addressing the conduct at issue in the civil suit. It is clear that a final judgment in favor of the State was rendered in this case. Cohen was adjudicated guilty of petit theft under section 812.014 in a judgment entered on May 1, 1990....
...§ 3580(e), renumbered § 3664(e), issues resolved in prior criminal proceeding is factual question to be determined case-by-case). For example, in this case the essential allegations underlying the criminal offense of petit theft necessarily were decided in the prior proceeding. For our purposes, section 812.014 defines petit theft as the theft of property valued at less than $300....
CopyCited 35 times | Published | Supreme Court of Florida
...Public Defenders, and Melvin Schaffer of Pilafian & Schaffer, Miami, for appellees. PER CURIAM. By consolidated appeals from the Circuit Court of the Eleventh Judicial Circuit, we are asked to review substantially identical orders which passed upon the constitutionality of Florida's theft statute, Section 812.014(1), Florida Statutes (1977)....
...[1] The trial judge, in granting appellees' motions to dismiss the informations charging them with various offenses under that provision, concluded that the legislature's revision of the statute to encompass other activities [2] left it worded in such a way as to render it unconstitutionally vague and overbroad. We reverse. Section 812.014(1) provides: "A person is guilty of theft if he obtains or uses, or endeavors to obtain or to use, the property of another with intent: (a) To deprive the other person of a right to the property or a benefit therefrom....
...gislature's deletion of the word "unlawful" in this revised provision had the effect of eliminating the element of specific criminal intent, thereby contravening the requirements of due process. Second, she found that the term "endeavors" as used in Section 812.014(1) was impermissibly vague....
...We find no evidence to support the notion that the 1977 legislature intended by its omission of the word "unlawful" to eliminate specific criminal intent as an element of this offense. [4] At best, the deletion of that term signifies a return to the state of the law existing before 1975, when the immediate predecessor to Section 812.014(1) took effect....
...further proceedings not inconsistent with this opinion. It is so ordered. ENGLAND, C.J., and ADKINS, BOYD, OVERTON, HATCHETT and ALDERMAN, JJ., concur. NOTES [1] We have jurisdiction by virtue of Article V, Section 3(b)(1), Florida Constitution. [2] Section 812.014(1) was enacted by the 1977 legislature as part of the overall revision of the criminal statutes relating to theft and stolen property....
CopyCited 32 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 55
...Thus we must apply the rational of Grappin to the case at bar. In Grappin, we held that the unlawful taking of two or more firearms during the same criminal episode is subject to separate prosecution and punishment under the theft statute as to each firearm taken. Grappin was prosecuted under section
812.014(2)(b)(3), Florida Statutes (1981), which reads as follows: (b) It is grand theft of the second degree and a felony of the third degree, punishable as provided in §§
775.082,
775.083 and
775.084, if the property stolen is: 3. A firearm. (Emphasis supplied.) We reasoned that Grappin may be charged in a five-count information with five thefts because the article "a" prefaced firearm. We noted that the use of the article "a" in reference to "firearm" in section
812.014(2)(b)3 clearly shows that the legislature intended to *814 make each firearm a separate unit of prosecution....
CopyCited 31 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 10529, 2010 WL 2813567
...State,
634 So.2d 153, 156 (Fla.1994) (Grimes, J., dissenting) (highlighting the phrase "as provided by statute" and concluding that the "Court's obligation is to apply the statute as it is written"). One example is the theft statute, which expressly identifies three degrees of grand theft and two degrees of petit theft. See §
812.014, Fla....
CopyCited 31 times | Published | Supreme Court of Florida | 1996 WL 710895
...grand theft, two counts of *190 petty theft, and one count of carrying a concealed firearm. Gaber appealed, claiming that his convictions for both armed burglary under section
810.02, Florida Statutes (1993), [1] and grand theft of a firearm, under section
812.014, Florida Statutes (1993), [2] violated his constitutional right not to be placed in double jeopardy....
...the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit therefrom. (b) Appropriate the property to his own use or to the use of any person not entitled thereto. § 812.014(1)(a), (b), Fla.Stat. (1993). Under section 812.014(2)(c)(3), Florida Statutes (1993), theft becomes grand theft if the property stolen is a firearm....
...fense therein." Burglary becomes armed burglary if in the course of committing the offense, the offender "[i]s armed, or arms himself within such structure or conveyance, with explosives or a dangerous weapon." §
810.02(2)(b), Fla.Stat. (1993). [2] Section
812.014(1), Florida Statutes (1993), provides that "[a] person commits theft if he knowingly obtains or uses, or endeavors to obtain or use, the property of another with intent to, either temporarily or permanently: (a) deprive the other person of a right to the property or a benefit therefrom." Under section
812.014(2)(c)3., Florida Statutes (1993), theft becomes grand theft if the property stolen is a firearm....
CopyCited 30 times | Published | Supreme Court of Florida | 1991 WL 36398
...The narrow issue in Phillips was whether the information "sufficiently alleged commission of a felony and thus properly invoked the jurisdiction of the circuit court." Phillips,
463 So.2d at 1137. In that case, an information charged Phillips with the theft of less than one hundred dollars, citing section
812.014(2)(c) of the Florida Statutes (1981). The heading of the information read "FELONY PETIT THEFT." Phillips,
463 So.2d at 1137. Section
812.014(2)(c) did not exclusively define felony petit theft. To the contrary, that section defined three substantive criminal offenses: second-degree misdemeanor petit theft, first-degree misdemeanor petit theft, and third-degree felony petit theft. Had the information merely cited to section
812.014(2)(c), without any additional clarification, the defendant would not have known which crime he was accused of committing. However, because the information also included the heading of "FELONY PETIT THEFT," the heading cured the problem since the heading and citation combined to unambiguously state that Phillips was charged with felony petit theft in violation of section
812.014(2)(c)....
CopyCited 29 times | Published | Supreme Court of Florida
...The district court reluctantly found all of respondent's contentions to be correct but certified the following question: When a trial court, following what it believes to be the requirements of the law, charges the jury on attempted grand theft under Sections
777.04(1) and
812.014, Florida Statutes, without objection, and the jury returns a verdict of guilty of attempted grand theft based upon evidence supporting a conviction for that offense, notwithstanding that the evidence would also support a conviction of grant theft, is the defendant entitled to be discharged?
397 So.2d at 996....
...on at trial. We also hold, however, that the state may re-try the respondent because second-degree grand theft in itself includes an "attempt" to commit second-degree grand theft. Respondent was charged with second-degree grand theft in violation of section 812.014, Florida Statutes (1977)....
...ALDERMAN, C.J., and OVERTON, EHRLICH and SHAW, JJ., concur. McDONALD, J., dissents with an opinion, in which ADKINS, J., concurs. McDONALD, Justice, dissenting. I dissent. I think it error to disturb a conviction because the verdict was attempted theft. Attempt is part of section 812.014, Florida Statutes (1977), the theft statute....
...3d DCA 1969), apply McIntyre v. State,
380 So.2d 1064 (Fla. 2d DCA 1980), to the facts of this case, and endorse the sound reasoning of Judge Larry Smith in his opinion in this cause. I would unequivocally answer "No" to the certified question. ADKINS, J., concurs. NOTES [1] §
812.014(1), (2)(b), Fla. Stat. (1977). [2] The statute has since been amended. See §
812.014, Fla....
CopyCited 26 times | Published | Florida 3rd District Court of Appeal | 1995 WL 779830
...We further conclude that no reversible error is shown by the remaining points on appeal raised by the defendant, and, accordingly, we affirm. I The defendant Larry Jones was charged by information with the third-degree felony of grand theft of a motor vehicle [§ 812.014(1), (2)(c)(4), Fla....
...The defendant appeals. II This court has, in effect, held that the misdemeanor of trespass in a conveyance [§
810.08(1), Fla. Stat. (1991)] is a category 2 permissive lesser included offense within the charged offense of grand theft of a motor vehicle [§
812.014(1), (2)(c)(4), Fla....
...lege all the statutory elements of the subject lesser offense, and the evidence at trial must establish each of these elements. Brown; Nurse. A The charged offense in this case is the third-degree felony of grand theft of an automobile proscribed by Section 812.014(1), (2)(c)(4), Florida Statutes (1991), which provides as follows: "(1) A person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or use, the property of another with intent to, either temporarily or permanen...
...h the intent to either temporarily or permanently deprive the said Shirley Byrd of a right to the property or a benefit therefrom, or to appropriate the same to said defendant's own use or to the use of a person not entitled thereto, in violation of s. 812.014(1), (2)(c), Fla....
...Stat., contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the State of Florida." (emphasis added). Indeed, the information simply tracks the language of the statute proscribing grand theft of a motor vehicle [§ 812.014(1), (2)(c)(4), Fla....
...1991); see also E.W. v. State,
560 So.2d 388 (Fla. 3d DCA 1990); R.L.B. v. State,
562 So.2d 739 (Fla. 3d DCA 1990), rev. dismissed,
575 So.2d 651 (Fla. 1991). [2] For example, a person may unlawfully "obtain" or "use" a motor vehicle, within the meaning of Section
812.014(1), Florida Statutes (1991), by towing the vehicle away without ever having entered or remained in the vehicle....
CopyCited 26 times | Published | United States Bankruptcy Court, S.D. Florida. | 1991 Bankr. LEXIS 1909
...Keene in the Circuit Court for Palm Beach County, Florida. On April 26, 1988, judgment was entered after a jury verdict against Pelican Unlimited, Inc. and Ronald E. Keene. (Trial Ex. 1) The judgment provides that the jury "found the Defendants liable for civil theft under Florida Statutes §
812.035 and §
812.014, and thereby found the Defendants liable for theft, larceny and having obtained money *165 through false pretenses." The $88,605.67 judgment consists of $25,000.00 in actual damages, which were then trebled, plus costs, prejudgment interest and attorney's fees....
...Shevin,
354 So.2d 372 (Fla.1977); Universal Construction Co. v. City of Ft. Lauderdale,
68 So.2d 366 (Fla.1953). The state court judgment found both defendants Ronald E. Keene, individually, and Pelican Unlimited, Inc. liable for civil theft under Florida Statutes §
812.035 and §
812.014....
...e willful and malicious injury to the plaintiffs or their property under § 523(a)(6). The state court final judgment entered pursuant to a jury verdict found the defendant, Ronald E. Keene, liable for civil theft under Fla.Stat. §§
812.035(7) and
812.014(1) (1985)....
...037 or section
812.081 has a cause of action for three-fold the actual damages sustained * * * In the prior state case at issue here, the plaintiffs' civil theft claim arose from the defendants' alleged violation of Florida's criminal theft statute, §
812.014. Fla.Stat.
812.014(1) (1985) provides: (1) A person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit therefrom....
...in the civil theft statute. The Eleventh Circuit has specifically ruled on the issue. Sunco *168 Sales, Inc. v. Latch,
820 F.2d 1163 (11th Cir.1987). In the Latch case, a state court jury found the Latches guilty of civil theft pursuant to Fla.Stat. §
812.014(1) & (2)....
CopyCited 25 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 356
...Several items of property (i.e., cooler, fire extinguisher, compass, toolbox) had also been stolen from the boat; however, with the exception of an ammeter worth $50, all of the property was eventually recovered. The state filed a petition for delinquency, charging petitioner with second-degree grand theft under section 812.014, Florida Statutes (1983)....
CopyCited 23 times | Published | Florida 1st District Court of Appeal | 1998 WL 671409
...The statutes limit application of Florida's habitual felony offender sentencing to specified crimes and circumstances. Although most of the limitations are specified in the habitual felony offender statute itself, section
775.084, Florida Statutes, additional limitations may be found elsewhere in the statutes. An example is section
812.014, Florida Statutes, which was amended in 1992 to indicate that habitual felony offender sentencing for felony petit theft is precluded....
...h statutory or *1233 constitutional limitations." We are obligated to apply this most recent definition in the present case. As has been previously explained, the sentence in the present case clearly fails to comport with the statutory limitation of section 812.014....
...The trial court adjudicated her guilty of the offense and sentenced her as a habitual offender to eight years' imprisonment. Appellant did not file a motion under rule 3.800(b) challenging her sentence. On appeal, she contends that the sentence is illegal, because section 812.014(3)(c), Florida Statutes (1997), defining felony petit theft, does not authorize habitual offender enhancement....
CopyCited 23 times | Published | Florida 5th District Court of Appeal | 1990 WL 179049
...credit card slips were recovered from the appellant's residence by officers. The appellant was convicted and sentenced as follows: *525 Organized fraud, section
817.034(3), (4) Florida Statutes (1987): No sentence imposed. First degree grand theft, section
812.014(1), (2)(a), Florida Statutes (1987): 30 years imprisonment, $10,000 fine. Three counts of second degree grand theft, section
812.014(1), (2)(b), Florida Statutes (1987): 15 years concurrent probation on each count, consecutive to the 30 years imprisonment for first degree grand theft....
...future act, (3) resulting in temporarily or permanently depriving any person of the right to property or a benefit therefrom, or appropriating the property to one's own use or to the use of another person not entitled thereto. The elements of theft, section 812.014, are (1) knowingly (2) obtaining or using, or endeavoring to obtain or use, property of another (3) with intent to deprive the person of a right to the property or a benefit therefrom, or to appropriate the property to one's own use or to the use of any person not entitled thereto....
CopyCited 22 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 32659, 2007 WL 1303035
...s one of the enumerated crimes. [73] Plaintiff correctly points out that although §
812.081 is not included in the current version of the statute, the enumerated list of crimes for which a civil remedy applies still lists the general theft statute, §
812.014. Section
812.014 applies whenever a person "knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently ....
...s Act ("FDUTPA")); Stallings v. Kennedy Electric, Inc.,
710 So.2d 195 (Fla.Dist.Ct.App.1998)(economic loss rule does not limit claims under Fla. Stat. §
553.84). [71] Fla. Stat. §
812.081. [72] Fla. Stat. §
772.11 (1988). [73] Id. [74] Fla. Stat. §
812.014(1)(a)-(b)....
CopyCited 22 times | Published | Florida 5th District Court of Appeal
...repealed [2] "single transaction rule" are not directly applicable. However, since dealing in stolen property is a felony of the second degree, §
812.019, Fla. Stat. (1979), and grand theft of the second degree is but a felony of the third degree, §
812.014(2)(b), Fla....
...Accordingly, appellant's convictions and sentences for burglary, §§
810.02(1);
810.02(3), Fla. Stat. (1979), and dealing (trafficking) in stolen property, §
812.019, Fla. Stat. (1979), are affirmed and his conviction and sentence [3] on grand theft, §
812.014(2)(b), Fla....
CopyCited 21 times | Published | Supreme Court of Florida | 2002 WL 2018812
...olen property if both counts flow from one scheme or course of conduct, notwithstanding a plea of nolo contendere to both charges. In Goddard v. State,
458 So.2d 230 (Fla. 1984), we briefly stated that section
812.025 supplemented the theft statute (section
812.014) and the dealing in stolen property statute (section
812.019) "by providing that a defendant may be charged with both theft and dealing in stolen property, but cannot be found guilty of both crimes." Id. at 233. However, this Court has not specifically addressed section
812.025 as it relates to a plea of nolo contendere. To understand the correlation between section
812.014, the theft statute, and section
812.019, the dealing in stolen property statute, we examine the legislative history of the Florida Anti Fencing Act: [5] [S]ection
812.019, which is part of the Florida Anti-Fencing Act, Chapter 77-342,...
...the value of the property involved. National Association of Attorneys General, Legislative Responses to Dealing in Stolen Goods 69 (1975). Under the theft statute, the penalties are graded according to the monetary value of the property stolen. See § 812.014(2), Fla....
...dant guilty of one or the other offense, but not both. The legislative scheme is clear and the same legislative rationale militates against allowing a defendant to plead guilty to inconsistent counts, i.e., stealing property with intent to use under section
812.014 or stealing property with intent to traffic in the stolen goods pursuant to section
812.019....
...t may be consolidated for trial, but the trier of fact may return a guilty verdict on one or the other, but not both, of the counts. [4] Section
812.025, Florida Statutes (1981), is identical to section
812.025, Florida Statutes (1999). [5] Sections
812.014,
812.019, and
812.025 are contained within the Florida Anti-Fencing Act of 1977.
CopyCited 20 times | Published | Supreme Court of Florida | 1988 WL 55635
...We approve the decision of the district court below. Jackson, who had two prior grand theft convictions, was charged with a petit theft offense for shoplifting a pair of sunglasses. Upon conviction, the trial court reclassified Jackson's petit theft to felony petit theft pursuant to section 812.014(2)(c), Florida Statutes (1985), which provides that: Upon a third or subsequent conviction for petit theft, the offender shall be guilty of a felony.......
...The language of the instant statute is unequivocable two petit thefts are required as prior offenses in order for a third petit theft to be reclassified as a felony petit theft. A literal interpretation of this provision yields eminently reasonable results. By enacting section 812.014(2)(c), the legislature intended that repeat petit theft offenders would be treated more seriously than nonrepeat petit theft offenders....
CopyCited 19 times | Published | Florida 2nd District Court of Appeal | 1995 WL 689538
...Butterworth, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. The appellant, Ricci M. Salzano, challenges the revocation of his community control. We reverse. The appellant pled guilty to two felony petit theft charges in violation of section 812.014, Florida Statutes (1993)....
CopyCited 19 times | Published | Supreme Court of Florida | 1997 WL 280058
...lorida Statutes (1991), and sexual activity while in custodial authority of a child, in violation of section 794.041(2)(b), Florida Statutes (1991)); Sirmons v. State,
634 So.2d 153 (Fla.1994) (involving grand theft of an automobile, in violation of section
812.014(2)(c)(4), Florida Statutes (1989), and robbery with a weapon, in violation of section
812.13(2)(a), Florida Statutes (1989)); Johnson v. State,
597 So.2d 798 (Fla.1992) (grand theft of cash, in violation of section
812.014, Florida Statutes (1989), and grand theft of a firearm, in violation of section
812.014, Florida Statutes (1989))....
CopyCited 19 times | Published | District Court, S.D. Florida | 1994 U.S. Dist. LEXIS 21006, 1994 WL 906737
...As with the unjust enrichment Count, the Court concludes that instruction proposed by Provident and submitted to the jury was so misleading and incomplete as to lead to a miscarriage of justice. The Court instructed the jury as follows: Florida Statute 812.014 defines civil theft: 1....
...812.012-812.037 has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts. Fla.Stat.Ann. §
772.11 (West Supp.1994). Although the reading of §
812.014 properly apprised the jury of the elements of criminal theft, the jury was not instructed that Provident's burden of proof was "clear and convincing evidence." Id....
CopyCited 18 times | Published | Florida 5th District Court of Appeal | 2005 WL 119466
...the motion should be denied. Pagan. Application of this standard leads us to the inevitable conclusion that the trial court erred in denying the motion for judgment of dismissal. In order to prove that A.P.R. committed the crime of petit theft under section 812.014, the State was required to establish that A.P.R....
...As previously indicated, we affirm the order revoking A.P.R.'s probation and the disposition order rendered pursuant thereto. AFFIRMED in part, REVERSED in part. SHARP, W. and MONACO, JJ., concur. NOTES [1] The new petit theft charge was brought against A.P.R. pursuant to section 812.014, Florida Statutes (2002)....
CopyCited 18 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 24945
...Appeals from the United States District Court for the Southern District of Florida. Before TJOFLAT and HENDERSON, Circuit Judges, and NICHOLS * , Senior Circuit Judge. PER CURIAM: 1 This appeal concerns the district court's finding of theft as defined by Fla.Stat. Sec. 812.014 (1983) and trebling of damages pursuant to Fla.Stat....
...After a non-jury trial, the district judge concluded that Advanced had breached its contract with Automated and that Automated had incurred $72,100.00 in damages. 3 The district judge also concluded that Advanced's actions amounted to theft under Fla.Stat. Sec. 812.014 (1983) 4 and trebled the damages pursuant to Fla.Stat....
...Finally, the court found against Advanced on its counterclaim, concluding that it failed to sustain its burden of proof. 6 Advanced appeals from the court's conclusion that its conduct in breaching the contract with Automated amounted to theft under section 812.014 and rendered it liable for treble damages. Automated cross appeals the court's determination that Advanced's conduct did not amount to fraud. Because we do not consider Advanced's conduct to constitute theft under section 812.014, or to amount to a conversion, we set aside the district court's treble damages award and award Automated only compensatory damages for Advanced's breach of contract....
...Tompkins,
304 U.S. 64, 78 ,
58 S.Ct. 817, 822 ,
82 L.Ed. 1188 (1938). Here, Florida law controls. There is no question that Advanced breached its contract with Automated. The main issue before us is whether Advanced's conduct also amounted to theft as defined by section
812.014. 8 Without holding that conduct amounting to a breach of contract can never constitute theft, we conclude that on the facts of this case Advanced did not violate section
812.014....
...Advanced. Advanced's failure to abide by that contract constituted a breach entitling Automated to compensatory damages; it did not constitute theft. 9 Automated cites no case holding that a simple breach of contract is the equivalent of theft under section 812.014....
...overdraft. The bank, pursuant to its contract with the customer, made payment on the check. The customer, in breach of the contract, refused to cover the overdraft, and the bank brought suit. The trial court found that the customer's action violated section 812.014 and awarded treble damages. The district court of appeal reversed, holding that the bank was entitled only to damages for breach of contract. We interpret this case as an indication that section 812.014 does not apply to ordinary breaches of contract such as those involved in the present case. 8 Accordingly, we hold that Advanced did not violate section 812.014; therefore, the court should not have trebled Automated's damages....
...See infra note 3 3 The court attributed $37,000.00 of this amount to the sale of Automated's first laser and $35,100.00 to the contractually required sale of its second laser. In addition, the court awarded prejudgment and postjudgment interest on these amounts 4 Section 812.014(1) provides: 812 014....
CopyCited 17 times | Published | District Court, M.D. Florida | 1996 U.S. Dist. LEXIS 14792, 1996 WL 566888
...f another with intent to, either temporarily or permanently: (a) [d]eprive the other person of a right to the property or the benefit therefrom [or] (b) [a]ppropriate the property to his own use or to the use of any person not entitled thereto." Id. § 812.014(1)....
...To better aid the Court, Anthony should have included those portions of depositions that specifically state, on the record, who the deponent is and how he is connected to the parties. [2] Anthony's third amended complaint (Docket No. 205, ¶ 75) alleges that Miller violated Fla. Stat. §
812.015(1) instead of Section
812.014(1). This must be a scrivener's error, because Section
812.015(1) merely defines words used in the retail and farm theft statute and provides no civil remedy. Furthermore, Anthony quotes Section
812.014(1) in their civil theft discussion....
CopyCited 17 times | Published | Florida 2nd District Court of Appeal | 2003 WL 1027064
...The speakers were purchased two years before the theft for about $220. The microphones were purchased for $70. To establish grand theft of the third degree, the State was required to prove that the value of the stolen property at the time of the theft was $300 or more. See § 812.014(2)(c), Fla....
...Because the State only established the purchase price for the items and there was no evidence establishing their value at the time of the theft, we reverse the conviction and sentence for grand theft and remand for entry of a conviction and sentence for petit theft of the second degree. See § 812.014(3)(a)....
CopyCited 17 times | Published | Supreme Court of Florida | 1991 WL 1364
...[1] The district court reversed, holding that mere presence as an after-acquired passenger in a stolen car, even with knowledge that it was stolen, is insufficient to support a theft conviction. The district court, however, acknowledged that its decision conflicted with D.N. Section 812.014, Florida Statutes (1987), commonly referred to as the omnibus theft statute, defines theft as follows: (1) A person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or to use, the property of another with int...
...ication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception; or 2. Other conduct similar in nature. The district court held that, as a passenger, G.C. undoubtedly "used" the car within the context of section 812.014....
...ppropriation of the owner's property. Because G.C. did not exercise such dominion and control over the vehicle so as to evidence some active step toward depriving or appropriating it from the owner, the district court held that the intent element of section 812.014 had not been satisfied....
...There, as in G.C., the court noted that the state did not offer any evidence that D.N. exercised possession, dominion, or control over the stolen vehicle. The driver was in possession and control of the vehicle at all times. Based on a broad construction of section
812.014, the court reasoned that, "[p]resumably, the lack of possession or control is made up by a finding of the requisite specific criminal intent to use the property without the owner's permission." D.N.,
529 So.2d at 1221. Thus, D.N. held that proof of unauthorized use or enjoyment of another's property, with knowledge that it is stolen, is sufficient to constitute theft under section
812.014. We disagree with D.N. Although this Court has characterized the language of the omnibus theft statute *1382 as broad, [3] the statute cannot be construed so broadly as to remove the specific-intent element of the crime. Section
812.014 requires a finding of specific criminal intent to either (a) "deprive" the other person of a right to the property or a benefit therefrom or (b) "appropriate" the property to his own use or to the use of any person not entitled thereto....
...or control over the vehicle as to indicate an intent to participate in the "taking" of that vehicle cannot be convicted of theft because there is insufficient proof of the specific criminal intent required by statute. See Allen,
362 So.2d at 12 (section
812.014 requires an "overt act manifesting criminal intent, rather than merely the formulation of a mental intent"); see also E.L.S....
...Such a construction of the statute could lead to, as even the D.N. court observed, "bizarre, if not absurd, results."
529 So.2d at 1221. [5] We therefore hold that mere presence as an after-acquired passenger in a vehicle, with knowledge that it has been stolen, is insufficient to convict a person of theft under section
812.014....
...delinquent for burglary of an automobile, as proscribed by §
810.02, Fla. Stat. (1987), and ordered him to pay restitution for damage to the vehicle. This adjudication was also quashed. [2] Although the district court held that G.C. could not be adjudicated delinquent for theft under §
812.014, Fla....
CopyCited 17 times | Published | Florida 4th District Court of Appeal | 2000 WL 1224835
...in question. Viewing this evidence in the light most favorable to Gersh, a reasonable juror could have concluded that it was Cofman who forged Gersh's signature, and that he did so as part of an elaborate scheme to steal from Gersh, in violation of section 812.014(1)(a) and (b) of the Florida Statutes....
CopyCited 16 times | Published | Florida 1st District Court of Appeal | 1998 WL 233360
...n was permissible: In Grappin, we held that the unlawful taking of two or more firearms during the same criminal episode is subject to separate prosecution and punishment under the theft statute as to each firearm taken. Grappin was prosecuted under section
812.014(2)(b)(3) [sic], Florida Statutes (1981), which reads as follows: (b) It is grand theft of the second degree and a felony of the third degree, punishable as provided in §§
775.082,
775.083 and
775.084, if the property stolen is: 3. A firearm. (Emphasis supplied.) We reasoned that Grappin may be charged in a five-count information with five thefts because the article "a" prefaced firearm. We noted that the use of the article "a" in reference to "firearm" in section
812.014(2)(b)3 clearly shows that the legislature intended to make each firearm a separate unit of prosecution....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal | 2008 WL 782885
...Roger Curtis Neeld, pro se. Bill McCollum, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee. ALTENBERND, Judge. Roger Curtis Neeld appeals his judgment for felony petit theft (third or subsequent offense), see § 812.014(3)(c), Fla....
CopyCited 16 times | Published | Supreme Court of Florida | 2002 WL 1338538
...(2001) (specifically exempting those convicted of "purchase or possession of a controlled substance," pursuant to section
893.13, Florida Statutes, from a habitual offender sentence); see also Wilson v. State,
752 So.2d 1227 (Fla. 5th DCA 2000) (observing that section
812.014(2)(d), Florida Statutes (1991)which had previously provided that sentencing for felony petit theft was required under section
775.082 (general criminal penalties), section
775.083 (criminal fines) or section
775.084 (habitual offend...
...have been at least twice before convicted of petit theft, is guilty of a felony and the punishment may be further enhanced by a habitual felony offender statute where appropriate. It is our determination to analogize the felony petit theft statute, section
812.014(3)(c), with section
775.084 because *1290 a similar procedure is used in classifying and sentencing the felony petit theft defendant as is used in classifying and sentencing the repeat offender sentenced pursuant to section
775.084....
CopyCited 16 times | Published | Florida 1st District Court of Appeal
...Jim Smith, Atty. Gen., Richard W. Prospect and Doris E. Jenkins, Asst. Attys. Gen., for appellee. LARRY G. SMITH, Judge. Appellant appeals his conviction by a jury of the offense of grand theft. We reverse. The information charged an offense under Section 812.014, Florida Statutes (1977), as follows: "JOHN LEE MARTIN, on the 25th day of July, 1978 in the state and county aforesaid did unlawfully and feloniously obtain and use $200.00 cash of D.M. Brooks with the intent to deprive D.M. Brooks of a right to the cash or a benefit therefrom and to appropriate the cash to defendant's own use, contrary to Florida Statutes 812.014." Appellant agreed to partially construct a small building for P.M....
...Although the proof in the instant case may be said to suffer from the same deficiency as in the Ricard and Edwards cases, we find other authorities upon which to base reversal of the conviction. We first note that under the amendments to the larceny statute, Section 812.014, Florida Statutes (1977), a variety of offenses relating to the unlawful appropriation of property are now included in the single crime called "theft"....
...ordered discharged. ROBERT P. SMITH, Jr., and WENTWORTH, JJ., concur. NOTES [1] It is noted, however, that the case went to the jury on instructions describing the offense only in general terms as used in the enacting clause proscribing the offense, Section 812.014, Florida Statutes....
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 1991 WL 133505
...s when the criminal code was adopted in 1974, and the reference therein to "the subject of larceny" relates to the old larceny statute, section 812.021, Florida Statutes (1974), which was repealed and superseded in 1977 by the current theft statute, section
812.014. Ch. 77-342, § 4, Laws of Fla. [3] However, this reference to "larceny" now means the statutory offense of "theft" by virtue of the provision in section
812.012(2)(d) that defines "obtains or uses" for purposes of theft under section
812.014 to mean "[c]onduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception." (Emphasis added.)...
...Thomas v. State,
526 So.2d at 184. That being so, it seems only appropriate to read into the definition of "robbery" those portions of chapter 812 that are pertinent to the statutory meaning of "theft." The offense of theft, as currently defined in section
812.014, is committed when a person "knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) [d]eprive the other person of a right to the property or a benefi...
CopyCited 15 times | Published | Supreme Court of Florida
...The district court, relying on its decision in Thomas v. State,
405 So.2d 1015 (Fla. 1st DCA 1981), held that respondent's sentence for petit theft must be vacated because both petit theft and grand theft of a firearm are defined in the same statute, section
812.014, Florida Statutes (1979)....
...ng decision in Borges v. State,
415 So.2d 1265 (Fla. 1982). The state asserts that although a single criminal statute is involved here, there is no double jeopardy problem in this case and separate sentences for violations of separate subsections of section
812.014 are not prohibited because, under the Borges rule, different elements are required to be proved for petit theft and grand theft of a firearm. We agree with the state and find that the grand theft of a firearm and the petit theft of a calculator and coins from the same property at the same time do constitute separate offenses under section
812.014, for which the respondent may be separately convicted and sentenced. Paragraph *791 (1) of section
812.014 defines the crime of theft as follows: (1) A person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent: (a) To deprive the other person of a right to the property or a benefit therefrom....
...ake theft of a firearm under subsection (2)(b)3 and theft of property worth less than one hundred dollars under subsection (2)(c) separate and distinct offenses, even where the thefts occur in a single criminal episode. It is clear from a reading of section 812.014 that the legislature intended to treat the theft of different types of property as separate criminal offenses and to establish distinct punishments for the separate offenses....
CopyCited 14 times | Published | Supreme Court of Florida | 2007 WL 2727127
...ral role the fact plays in defining the crime. As stated above, an element is a fact essential to the offense charged. This includes material facts necessary to determine the degree of the offense. An example from a different statute is instructive. Section 812.014(1), Florida Statutes (2001), defines "theft." Subsection (2) provides various degrees and classifications of grand theft (and thus varying punishments), that are largely, though not exclusively, based on property value. If the property stolen is valued at $300 or more, grand theft is a felony of the third degree. Id. § 812.014(2)(c)....
CopyCited 14 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 156, 1986 Fla. App. LEXIS 5791
...jeda and realleged the basic facts contained in the first count. Compensatory damages were sought in this count. [2] The third of the counts actually tried charged both defendants with the statutory conversion of the dairy products in question under Section 812.014(1), Florida Statutes (1983), and realleged the basic facts alleged in the first count....
...812.012-812.037 has a cause of action for three-fold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200. Such person shall also recover court costs and reasonable attorneys' fees in the trial and appellate courts." Section 812.014(1), Florida Statutes (1983), in turn, proscribes as a crime the following acts of theft or conversion: "A person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent...
...rty of Plaintiff, ORIGINAL KIELBS, INC., with the intent to deprive said Plaintiff of a right to the property or a benefit therefrom and to appropriate the property to his own use or to the use of any person not entitled thereto in violation of F.S. § 812.014(1) et seq. 21. The Plaintiff, ORIGINAL KIELBS, INC., was injured by reason of the violation of the provisions of F.S. § 812.104 [sic] and has sustained actual damages therefrom. 22. All of said acts constituting the violation of F.S. § 812.014 by the Defendant, TEJEDA, were done within the course and scope of TEJEDA's employment with the Defendant, MC ARTHUR....
CopyCited 14 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 7
...t be "$100 or more, but less than $20,000" not included among the elements of robbery as defined by statute, second-degree grand theft is not a lesser included offense of robbery. This is so notwithstanding the fact that petit theft as defined in section 812.014 is a lesser included offense of robbery....
...[2] One commits theft who "knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent: (a) To deprive the other person of a right to the property or a benefit therefrom. (b) To appropriate the property to his own use or to the use of any person not entitled thereto." § 812.014(1), Fla. Stat. (1981). If the property has a value of "$100 or more, but less than $20,000," the offense is grand theft of the second degree. § 812.014(2)(b)1....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 293, 2010 WL 174150
...ore the theft for "about $1400." The state offered no other testimony to establish the fair market value of the television. The grand theft charge in this case required proof that the value of the television was "$300 or more, but less than $5,000." § 812.014(2)(c)1., Fla....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 1994 WL 41838
...The imposition of felony costs above $200 in the judgment and sentence is error. The case is reversed and remanded for proceedings consistent with this opinion. REVERSED and REMANDED. HARRIS, C.J., and DIAMANTIS, J., concur. NOTES [1] §
812.13(2)(c), Fla. Stat. (1991). [2] §
784.08, Fla. Stat. (1991). [3] §
812.014(1) & (2)(d), Fla....
CopyCited 13 times | Published | District Court of Appeal of Florida
CopyCited 12 times | Published | Supreme Court of Florida
...Alan H. Schreiber, Public Defender, and Stuart M. Lerner, Asst. Public Defender, Fort Lauderdale, for appellee. PER CURIAM. In this cause the state appeals from an order of the trial court dismissing the information against appellee on the ground that Section 812.014, Florida Statutes (1977), is unconstitutional....
...of due process of law," and that they violate the right to acquire, possess, and protect property, and the right to contract. An additional ground raised by appellee in his motion to dismiss but never expressly ruled upon by the trial judge is that Section 812.014 permits selective prosecution. We have recently disposed of the contention that Section 812.014 is unconstitutionally vague or overbroad by holding that a conviction under the statute requires proof of specific criminal intent....
...Allen,
362 So.2d 10 (Fla. 1978). While that case involved a charge of larceny, the reasoning there employed is equally applicable to the offense of receiving stolen property, as now encompassed by the omnibus theft statute. We have similarly rejected the suggestion that Section
812.014 improperly delegates excessive discretion to law enforcement officials, thereby allowing selective prosecution. Dunnigan v. State,
364 So.2d 1217 (Fla. 1978). The only points raised by appellee in defense of the trial court's ruling that have not previously been addressed by this Court are that Section
812.014 infringes upon the right to acquire, possess, and protect property guaranteed by Article I, Section 2 of the Florida Constitution, and that it impairs the right to contract as guaranteed by the Florida and United States Constitutions....
...Inasmuch as these related attacks are grounded on the premise that the theft statute penalizes innocent conduct a construction negated by our ruling in Allen, supra they are without merit. The order entered below, dismissing the information against the appellee on the *1224 ground that Section 812.014 is unconstitutional, is reversed, and this case is remanded to the trial court for further proceedings not inconsistent with this opinion....
CopyCited 12 times | Published | District Court, S.D. Florida | 1985 U.S. Dist. LEXIS 23783
...The action arises under the federal Communications Act of 1934, 47 U.S.C. § 553; the federal R.I.C.O. Act, 18 U.S.C. § 1962; the Florida R.I.C.O. Act, §
895.03, Florida Statutes; the Florida Trespass and Larceny of Cable Television Service Statute, §
812.14, Florida Statutes; Florida Theft Statute, §
812.014(1), Florida Statutes; the Florida Unfair and Deceptive Acts or Practices Statute, §
501.204, Florida Statutes; and common law remedies for conversion and unfair competition. Although only the claims for relief under 47 U.S.C. § 553 and Florida Statutes, Section
812.14 were argued at the hearing, plaintiffs fully briefed the claim for relief under Florida Statutes, Section
812.014(1)....
...iffs in such a manner as to cause loss or damage to plaintiffs; and (e) making connection with plaintiffs' equipment in such a manner as to directly cause the use of plaintiffs' cable television services without plaintiffs' consent. FLORIDA STATUTES SECTION 812.014(1): THEFT AND CONVERSION 18. Although no argument was heard at the hearing concerning this statute, its applicability was fully briefed by plaintiffs and merits resolution herein. 19. Section 812.014(1), Florida Statutes, prohibits any person from knowingly obtaining, using or endeavoring to obtain or to use the property of another with intent to: (a) deprive the other person of a right to the property or a benefit therefrom; or (b) appropriate the property to his own use or to the use of any person not entitled thereto. 20. Plaintiffs allege that defendants have violated Section 812.014(1), Florida Statutes, by intentionally, knowingly, willfully and wantonly selling, installing and using cable television equipment to intercept, obtain and use plaintiffs' cable television services, without plaintiffs' authorization or consent....
...The property right which has been taken includes plaintiffs' programming, exhibition and distribution rights via coaxial cables in certain areas within Dade and Broward Counties. Additionally, plaintiffs' cable television services are "property" within the meaning of Section 812.014, Florida Statutes. 22. In Storer v. Seidner, supra, the court granted permanent injunctive relief and held that defendant's activities in selling, installing and using unauthorized cable television equipment violated Section 812.014(1), Florida Statutes, stating: Defendant's activities also violate Section 812.014(1), Florida Statutes....
...This theft statute prohibits any person from knowingly obtaining, using, or endeavoring to obtain or to use, the property of another.... "Property" includes the private communication services which plaintiffs supply. See Fla.Stat. §
812.012(5). Defendant has violated Section
812.014(1) by selling, installing, and using equipment which intercepts and receives plaintiffs' cable television service....
...e form of exhibition and distribution rights *1202 to programming, rights to collect fees therefor, and plaintiffs' cable television service. Id., slip op. at 7. 23. This Court concludes that based on the evidence presented, defendants have violated Section 812.014(1), Florida Statutes, by intentionally and knowingly selling, providing instructions for installing, actually installing and using cable television equipment to intercept, obtain and use plaintiffs' cable television services, without plaintiffs' authorization or consent. INJUNCTIVE RELIEF 24. Under 47 U.S.C. § 553(c)(2)(A), this court is specifically empowered to "grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain violations of subsection (a)(1)." See also Section 812.014, Florida Statutes....
...§ 553, a movant need only prove a violation of § 553(a)(1) in order to request an injunction under § 553(c)(2)(A). 26. As discussed previously, plaintiffs have proven a likelihood of success on the merits under 47 U.S.C. § 553, and Sections
812.14 and
812.014, Florida Statutes....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 2004 WL 57292
...dant guilty of one or the other offense, but not both. The legislative scheme is clear and the same legislative rationale militates against allowing a defendant to plead guilty to inconsistent counts, i.e., stealing property with intent to use under section
812.014 or stealing property with intent to traffic in stolen goods pursuant to section
812.019....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 1997 WL 78427
...he property of another with intent to, either temporarily or permanently: a) [d]eprive the other person of a right to the property or a benefit therefrom. b) [a]ppropriate the property to his own use or to the use of any person not entitled thereto. § 812.014(1)(a)(b), Fla....
CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 599552, 2013 U.S. App. LEXIS 3510
...it
in detail here.
In Jaggernauth, we considered whether a lawful permanent resident of the
United States had committed a theft offense within the meaning of
§ 1101(a)(43)(G) when she was convicted of grand theft under Florida Statutes
§ 812.014(1) (hereinafter the “Florida statute”)....
...(a) Deprive the other person of a right to the property or a benefit from
the property.
(b) Appropriate the property to his or her own use or to the use of any
person not entitled to the use of the property.
Fla. Stat. § 812.014(1)....
CopyCited 12 times | Published | Supreme Court of Florida | 1992 WL 68964
...Accordingly, we approve the decision below and disapprove Dixon. It is so ordered. SHAW, C.J., and OVERTON, McDONALD, GRIMES, KOGAN and HARDING, JJ., concur. NOTES [1] We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution. [2] The State did not charge Camp with theft under section 812.014, Florida Statutes (1989)....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 1990 WL 6486
...The trial court adjudicated G.C. delinquent and ordered $4,000 in restitution. On appeal G.C. contends that being a passenger in a stolen automobile, without more, is not sufficient to support a charge of theft or burglary of an automobile. We agree. Section 812.014, Florida Statutes (1987), defines theft as follows: (1) A person is guilty of theft if he knowingly obtains or uses ......
...temporary deprivation constituted theft. Dunmann did not address the question presented here: the application of the theft statute to a passenger in a stolen car. For the reasons stated, we conclude that G.C.'s conduct did not constitute theft under section 812.014....
...[3] , [4] *1191 We therefore deny the motion for rehearing. NOTES [1] Dunmann was decided under the theft statute as it existed prior to 1982. The 1982 legislature amended the statute to add the phrase, "either temporarily or permanently." Ch. 82-164, codified in § 812.014(1), Fla....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 29 Fla. L. Weekly Fed. D 2247
...NOTES [1] Frumenti filed a notice of supplemental authority in the trial court, which the court treated as a Rule 3.800(a) motion since Frumenti had nothing pending in the trial court at the time. [2] §
810.02(1), Fla. Stat. [3] §
790.23(3), Fla. Stat. [4] §
812.014(2)(c)3, Fla....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 17375, 2011 WL 5169982
...WARNER, J., and EHRLICH, MERRILEE, Associate Judge, concur. NOTES [1] In Florida, robbery with a firearm "is a felony of the first degree, punishable by imprisonment for a term of years." §
812.13(2)(a), Fla. Stat. (2010). [2] In Florida, grand theft of a motor vehicle is a third-degree felony. §
812.014(2)(c), Fla....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1992 WL 153970
...Even *538 though a promise to perform in the future may serve as the basis of a theft, a necessary element of theft under Florida law is that the defendant must have the specific intent to commit the theft at the time of, or prior to, the commission of the act of taking. § 812.014, Fla....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 1988 WL 75565
...Gen., Tampa, for appellee. *773 EN BANC. RYDER, Judge. In 1985, appellant was convicted of petit theft. Because appellant had twice previously been convicted of petit theft in 1976, the trial court enhanced the degree of appellant's 1985 crime to a third degree felony, section 812.014(2)(c), Florida Statutes (1985), but placed appellant on five years' probation for the 1985 petit theft conviction....
...Appellant asserted that the trial court improperly enhanced his sentence using convictions that were more than five years from the date of the present conviction and, further, that the earlier convictions were uncounseled. The trial court denied appellant's motion holding that appellant was sentenced under section 812.014....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2001 WL 99229
...ve [the victim] of a right to the property or benefit therefrom, or to appropriate the property to [defendants'] own use or the use of any person not entitled to the use of the property, knowing or having reason to know said property was stolen. See § 812.014(2)(c)6., Fla....
...minal episode, no such legislative intent is apparent in the aspect of the grand theft statute at issue in this case. Compare Grappin v. State,
450 So.2d 480 (Fla.1984) (holding that use of the article "a" in conjunction with theft of firearms under section
812.014(2)(c)5 indicated legislative intent to allow multiple punishments for stealing a number of firearms from one person at the same time)....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1999 WL 606451
...hasis added). We agree with Rhodes, and reverse the habitual sentence and remand for resentencing. We find the remaining points on appeal to be without merit. AFFIRMED IN PART; REVERSED IN PART; REMANDED. DAUKSCH and PETERSON, JJ., concur. NOTES [1] § 812.014(1), Fla. Stat. (1997). [2] The theft statute, § 812.014(1) requires that: A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 2001 WL 394878
...ts from which an ultimate fact is to be established, or where there is room for such differences on the inferences to be drawn from the conceded facts, the court should submit the case to the jury. See Taylor v. State,
583 So.2d 323, 328 (Fla.1991). Section
812.014(1), Florida Statutes (1995) states: A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit therefrom....
...tors must be present. See Fla. Stat. § 921.0016(1)(n). The trial court did not err when it sentenced Sewall to a departure sentence. The conviction and departure sentence is affirmed. AFFIRMED. SHARP, W. and PLEUS, JJ., concur. NOTES [1] Fla. Stat. § 812.014(1) (1995)....
CopyCited 10 times | Published | Florida 5th District Court of Appeal
...Gen., Daytona Beach, for appellee. COWART, Judge. Appellant burglarized both the Haynes house and the Turner house, in each case stealing property which included a gun or guns. As to each of the two burglaries, appellant was charged with two grand thefts under section 812.014(2)(b), Florida Statutes (1979): one theft under section 812.014(2)(b)1 (in which count the property stolen was alleged to be valued at $100 or more), and the second theft under section 812.014(2)(b)3 (in which count the property stolen was alleged to be a firearm)....
...State,
136 So.2d 367 (Fla.2d DCA 1962). Accordingly, appellant's conviction of grand larceny under count III of amended information 78-198, being count VIII of the original information is hereby reduced to petit theft, a misdemeanor of the second degree (§
812.014(2)(c), Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1999 WL 371321
...Butterworth, Attorney General, Tallahassee, and Maya Saxena, Assistant Attorney General, Fort Lauderdale, for appellee. GROSS, J. Gregory Jackson appeals his convictions after a jury trial of grand theft of a motor vehicle and possession of a motor vehicle with an altered vehicle identification number, contrary to sections
812.014(1)(c)6 and
319.33(1)(d), Florida Statutes (1997)....
...d license. The jury found Jackson not guilty of petit theft, a charge based on the theft of McNear's license plate. Jackson points out that as to the state of mind element of both felonies, the evidence was circumstantial. To prove grand theft under section 812.014(1)(c)6, the state must prove that the defendant knowingly obtained or used the property of another with the intent to either temporarily or permanently deprive the other person of a right to the property or a benefit from the property or to appropriate the property to his own use or the use of another person not entitled to its use. See §§ 812.014(1)(a) & (b), 812.014(2)(c), Fla....
...ny cases," thus reaffirming the holdings of McDonald, Young, and Leslie. IV One of the significant changes to the law made by the 1977 amendments to Chapter 812 was the broadening of the definition of the type of conduct that constitutes theft under section 812.014(1), Florida Statutes (1997)....
...In 1977, the definition of theft was expanded to include the same type of criminal conduct for which Graham had fashioned its rule. The reasons behind the supreme court's adoption of the rule in Graham are thus equally applicable to the expanded definition of theft under section 812.014....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2312506
...fficient evidence exists to sustain the [adjudication]." E.A.B.,
851 So.2d at 310. In order to prove first-degree petit theft, a first-degree misdemeanor, the State must prove that the stolen property was "valued" at $100 or more but less than $300. §
812.014(2)(e), Fla....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1992 WL 143651
...The South Carolina authorities arrested the trio before all of the property had been sold. Mr. Burrell's defense was that he was an innocent purchaser of the property from an individual who could have stolen it. A jury convicted Mr. Burrell of second-degree grand theft. § 812.014(2)(b), Fla....
CopyCited 10 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 270, 2011 Fla. LEXIS 1345, 2011 WL 2375217
...STANDARD OF REVIEW "A double jeopardy claim based upon undisputed facts presents a pure question of law and is reviewed de novo." Pizzo v. State,
945 So.2d 1203, 1206 (Fla. 2006) (citing State v. Florida,
894 So.2d 941, 945 (Fla.2005)). MERITS McKinney was convicted for violations of sections
812.13(2)(a) and
812.014(2)(c)(1), Florida Statutes (2007), *854 and alleges that these convictions violate the proscription against double jeopardy....
...(2)(a) If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s.
775.082, s.
775.083, or s.
775.084. §
812.13, Fla. Stat. (2007). Section
812.014, Florida Statutes provides, in relevant part: (1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property....
...the use of the property. .... (2)(c) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084, if the property stolen is: 1. Valued at $300 or more, but less than $5,000. §
812.014, Fla....
...ual for the same evil or singular-evil act and the absurdity of a strict Blockburger application come to fruition. In this case, the trial court convicted McKinney of grand theft and robbery with a firearm for acts committed during a single episode. Section 812.014, Florida Statutes (2009), defines grand theft as to knowingly obtain or acquire the property of another with the intent to temporarily or permanently deprive that person of that property or appropriate it to the taker's use....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1996 WL 309986
...In State v. Sykes,
434 So.2d 325 (Fla.1983), the defendant was convicted of attempted second-degree grand theft. The Supreme Court held that there is no such offense as attempted second degree grand theft, because the definition of grand theft, under section
812.014, Florida Statutes, includes an attempt to commit theft; and because the offense itself is fully proved by proving such attempt, there is no separate crime of attempt....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1991 WL 129740
...ilty. Accordingly, we quash the order of restitution and remand for entry of a revised order limited to damages for loss of the Winchester rifle. Order QUASHED; REMANDED. COWART and PETERSON, JJ., concur. NOTES [1] §
812.019, Fla. Stat. (1989). [2] §
812.014, Fla....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1988 WL 72235
...d upon him after he was found guilty of violating his probation. We affirm. The appellant, under the name of Dennis Smith, was originally placed on two years probation after pleading guilty to the offense of second degree grand theft in violation of section 812.014(2)(b), Florida Statutes (1985)....
CopyCited 10 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 110
...*1137 Phillips was charged by information with the theft of less than one hundred dollars from Winn Dixie Stores, Inc. The heading of the information read "FELONY PETIT THEFT." At Phillip's arraignment, the state filed a notice of intent to rely on two prior petit theft convictions in order to enhance the crime pursuant to section 812.014(2)(c), Florida Statutes (1981), but the prior convictions were not alleged in the information itself....
...all misdemeanors arising out of the same circumstances as a felony which is also charged." §
26.012(2)(d), Fla. Stat. (1981). County courts have original jurisdiction over "all misdemeanor cases not cognizable by the circuit courts." §
34.01, Fla. Stat. (1981). Section
812.014, Florida Statutes (1981), defines theft of property valued at less than one hundred dollars as: petit theft and a misdemeanor of the second degree, .......
...Upon a third or subsequent conviction for petit theft, the offender, shall be guilty of a felony of the third degree, ... . (Emphasis supplied.) The information filed against Phillips, under the heading "Felony Petit Theft" charged her with the theft of less than one hundred dollars "contrary to the provisions of Section 812.014(2)(c), Florida Statutes." The issue before this Court is not one of notice....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2004 WL 221070
...We agree that the testimony was insufficient to meet the State's burden of proof and, therefore, reverse and remand for the trial court to reduce the grand theft to petit theft. The State was required to prove that the value of the stolen property at the time of the theft was $300 or more. See § 812.014(2)(c)(1), Fla....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 3408, 2009 WL 1066117
...icate offense, and since theft does not by definition involve the use or threat of physical force or violence, it does not qualify as either a primary or predicate qualifying offense for violent career criminal enhancement under section
775.084. See §
812.014(1)(a)(b), Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2007 WL 1062847
...Mansfield also asserts that the trial court erred in denying his motion for judgment of acquittal on the charge of grand theft because the state failed to prove the essential element of value. We agree. In order to prove grand theft, the state must prove that the value of the laptop was greater than $300. § 812.014(2)(c)1, Fla....
CopyCited 9 times | Published | Florida 5th District Court of Appeal
...Upon appellee's motion for rehearing, we amend our prior opinion by certifying a conflict with our sister court's opinion in Francis v. State,
487 So.2d 348 (Fla. 2d DCA 1986), review denied,
492 So.2d 1332 (Fla. 1986). DAUKSCH and COWART, JJ., concur. NOTES [1] § 812.02, Fla. Stat. (1985). [2] §
812.014, Fla....
CopyCited 9 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 511, 2011 Fla. LEXIS 2217, 2011 WL 4089299
to distinguish between degrees of theft. See §
812.014, Fla. Stat. (2010). Similarly, the criminal trafficking
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2209
...Defense counsel objected to the grand theft finding, contending that the allegation in the information was insufficient to establish grand theft. The trial court denied the objection, noting the items listed in the information would easily be in excess of $100, the threshold value for grand theft under section 812.014(2)(b)....
...lesser included offense of a charge of robbery. A charge of robbery necessarily includes the elements of a charge of petit theft in that in proving a charge of robbery under section
812.13, the State must also prove the elements of petit theft under section
812.014(2)(c)....
...Rodriquez,
500 So.2d 120 (Fla. 1986), overruled on other grounds, Carawan v. State,
515 So.2d 161 (Fla. 1987); Hand v. State,
199 So.2d 100 (Fla. 1967) (larceny is necessarily included element of robbery). But there is a value element in grand theft under subsections
812.014(2)(a) and (b) (values greater than $20,000 and $100, respectively) that sets those crimes apart from the crimes of robbery or of petit theft....
...State,
382 So.2d 753 (Fla. 4th DCA 1980). The value of the property allegedly taken is an important element of any charge of grand theft, whether of the first or second degree and whether it is the principal crime charged or is a lesser included offense. The theft statute, section
812.014, and the Standard Jury Instructions on theft and on the prior crime of larceny all rely on the value of the property taken for enhancement of the potential penalty an accused may face upon conviction. [1] Value remains an element of the crime because it is the factor that distinguishes the crimes of petit theft, first degree grand theft and second degree grand theft. The elements of grand theft are the generic prohibited conduct set out in section
812.014(1), along with the value of the property taken as set out in either subsections
812.014(2)(a) or (b)....
...Value was found to be relevant only to the severity of the crime. We refuse to follow the reasoning and suggestion of our sister court that the State need only prove the prohibited conduct and not the value of the property involved when charging a crime under § 812.014, Florida Statutes.
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 2008 WL 4489175
...insufficient. The motion was denied and the defendant was convicted. The defendant has appealed. To prove third-degree grand theft, the State bore the burden to establish that the defendant stole property valued at $300 or more, but less than $5000. § 812.014(2)(c)1, Fla....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2003 WL 2002493
...We affirm his burglary convictions, but reverse his grand theft conviction because the State failed to prove that the stolen items had a market value of $300 or more. Doane was charged with committing the crime of grand theft which is defined, in pertinent part, as follows: 812.014....
...o the use of the property. * * * (c) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084, if the property stolen is: 1. Valued at $300 or more, but less than $5,000. §
812.014, Fla....
CopyCited 9 times | Published | Supreme Court of Florida | 2007 WL 1836899
...ether it is permissible to have convictions for multiple theft offenses arising from a single criminal transaction. The pertinent facts reveal that Kelso was charged and convicted of, among other offenses, third-degree grand theft of a firearm under section 812.014(2)(c)(5) of the Florida Statutes and second-degree grand theft under section 812.014(2)(b)(1) of the Florida Statutes. See § 812.014(2)(b)(1), (c)(5), Fla. Stat. (2003). It is undisputed that the offenses were committed during a single criminal transaction. On appeal, Kelso contended that the two theft convictions under section 812.014 of the Florida Statutes were a violation of the constitutional prohibition against double jeopardy....
...Getz,
435 So.2d 789 (Fla.1983), held that the convictions did not violate double jeopardy principles. See Kelso,
898 So.2d at 1024-25. Quoting at length from Getz, the Fourth District reasoned that the Legislature intended for the theft of a firearm and the various other items of property specifically enumerated under section
812.014 to be considered "separate and distinct offenses, even where the thefts occur in a single criminal episode." Kelso,
898 So.2d at 1024 (quoting Getz,
435 So.2d at 791). The court concluded that the value of a stolen firearm is irrelevant to the grading of the theft crime under section
812.014, and attributed this to "the special nature of firearms, as distinct from other property *279 which could be stolen." Kelso,
898 So.2d at 1024....
...ake theft of a firearm under subsection (2)(b)3 and theft of property worth less than one hundred dollars under subsection (2)(c) separate and distinct offenses, even where the thefts occur in a single criminal episode. It is clear from a reading of section 812.014 that the legislature intended to treat the theft of different types of property as separate criminal offenses and to establish distinct punishments for the separate offenses....
...to treat the theft of different types of property as separate criminal offenses and to establish distinct punishments for the separate offenses." Getz,
435 So.2d at 791. Under the Blockburger test, thefts of different types of property listed under section
812.014 of the Florida Statutes constitute "separate offenses" because each requires proof of a unique element, the specific property stolen, that the other does not. See §
812.014, Fla....
...ntenced. In the instant matter, Kelso asserts that the second of these exceptions, for "[o]ffenses which are degrees of the same offense as provided by statute," precludes the two theft convictions because third-degree grand theft of a firearm under section 812.014(2)(c)(5) of the Florida Statutes and second-degree grand theft under section 812.014(2)(b)(1) of the Florida Statutes are degrees of the same offense of theft....
...ult from a single criminal transaction, then resort to the analysis outlined in section
775.021(4) of the Florida Statutes, as urged by defendant Kelso in the instant matter, is inappropriate. We today affirm the reasoning of this Court in Getz that section
812.014 of the Florida Statutes constitutes a "clear *282 statement of legislative intent" that convictions and sentences for multiple theft offenses arising from the same criminal episode are permitted. See Getz,
435 So.2d at 791. Section
812.014 is structured so that thefts of the various enumerated properties constitute separate offenses....
...The Legislature intended these thefts to be separate offenses and to constitute different crimes. The types of property specifically enumerated demonstrate that strong policy concerns motivated the Legislature to single out these theft offenses for separate punishment. See, e.g., § 812.014(2)(c)(5), Fla. Stat. (2003) (theft of a firearm); § 812.014(2)(c)(8), Fla. Stat. (2003) (theft of a fire extinguisher); § 812.014(2)(c)(11), Fla. Stat. (2003) (theft of a stop sign). Specifically with regard to the offense of theft of a firearm under section 812.014(2)(c)(5) of the Florida Statutes, the Legislature clearly had a strong policy concern for singling out the theft of such dangerous instrumentalities that are widely used in the commission of violent crimes....
...As noted in Getz, "if a firearm is stolen, its value is not an element of the offense and it is grand theft even if the firearm is worth less than one hundred dollars." Getz,
435 So.2d at 791. The same is true for all of the properties which are specifically enumerated in section
812.014. The values of those items of property are irrelevant to the grading of the corresponding theft offense. See §
812.014, Fla. Stat. (2003). Therefore, we conclude that in section
812.014, the Legislature has expressed its clear intent that thefts of the various enumerated properties are to be charged and punished as separate offenses, even when the offenses arise out of the same criminal episode....
...Therefore, it is unnecessary to look to the rules of construction set out in section
775.021(4), and the assertions of Kelso stemming from the exceptions found in that statutory section must fail. Although we recognize that the 1988 amendment to section
775.021(4) creates concern because section
812.014 describes the theft of the various enumerated properties in terms of degree, and the exception to the preference for separate convictions and sentences listed in section
775.021(4)(b)(2) is for "offenses which are degrees of the same offense as provided by statute," the assertions of Kelso in the instant matter ultimately fail because section
812.014 offers a clear statement of legislative intent, thereby negating the need to look to the rules of construction found in section
775.021 to determine whether convictions for multiple degrees of theft arising from the same criminal episode are permitted. Accordingly, the convictions and sentences of Kelso in the instant matter for third-degree grand theft of a firearm under section
812.014(2)(c)(5) of the Florida Statutes and second-degree grand theft under section
812.014(2)(b)(1) of the Florida Statutes do not violate double jeopardy principles....
...We note that this would not be the case if the convictions were for theft of a firearm and theft of the monetary value of that firearm. However, the convictions for theft of a firearm and theft of separate property arising from the same criminal episode are proper under current Florida law. In construing section 812.014 of the Florida Statutes, we have attempted to ascertain the intent of the Legislature and give independent meaning and effect to the words and structure selected for this legislation....
...fident our Legislature will review the pertinent legislation and take any action it deems appropriate. CONCLUSION We hold that the opinion of this Court in Getz remains the controlling law following *283 the 1988 amendment to section
775.021 because section
812.014 constitutes a clear expression of legislative intent that thefts of the various enumerated properties under the statute be punished separately, even when the offenses arise from the same criminal episode....
...r this case. In Getz, the Court held that theft of a firearm and theft of other property valued at a certain dollar threshold are separate and distinct offenses, even where the thefts occur in a single criminal episode. It is clear from a reading of section 812.014 that the legislature intended to treat the theft of different types of property as separate criminal offenses and to establish distinct punishments for the separate offenses....
....021(4)(b)(2), we would have no occasion to resort to the rule of lenity in section
775.021(1) and no basis to conclude that multiple convictions constitute double jeopardy. WELLS, J., concurs. NOTES [1] The Getz opinion analyzed the 1979 version of section
812.014 of the Florida Statutes. Under that version of the statute, theft of a firearm was listed under subsection (2)(b)(3) and was characterized as "grand theft of the second degree," and subsection (2)(c) addressed petit theft. See §
812.014, Fla. Stat. (1979). Under the 2003 version of section
812.014, which was applied to Kelso in the instant matter, theft of a firearm is listed under subsection (2)(c)(5) and is characterized as "grand theft of the third degree," and petit theft is addressed by subsection (3)(a). See §
812.014, Fla. Stat. (2003). Despite the renumbering and the reclassification of certain offenses in terms of degree, as illustrated above, section
812.014 has not been amended in any way that affects the analysis of the statute outlined by the Court in Getz....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 1818
...hief, N.R. v. State,
452 So.2d 1052 (Fla. 3d DCA 1984), once it is established that the defendant damaged another's property, the value of the property damage is relevant only to the severity of the crime. See §
806.13(1)(b), Fla. Stat. (1985); cf. §
812.014, Fla....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2001 WL 60814
...State,
662 So.2d 677 (Fla.1995); Willis v. State,
583 So.2d 699 (Fla. 1st DCA 1991). Third, Wilson argues that he should not have been convicted of two counts of grand theft in each of the burglaries. In this case he was charged and convicted of violating section
812.014(1) and (2)(c) for having taken personal properties from each residence, and for violating section
812.014(2)(c) for taking weapons from each residence....
...dentical charge and conviction for property taken from the Jetts' residence. In addition he was charged and convicted of taking a firearm from the Ives' residence, and an identical charge and conviction for taking firearms from the Jetts' residence. Section 812.014 is a general theft statute, which generally proscribes theft of property from a person. § 812.014(1)....
...Offenses which are degrees of the same offenses as provided by statute; 3. Offenses which are lesser offense, the statutory elements of which, are subsumed by the greater offense. In this case it appears that Wilson was charged and convicted of four grand theft crimes, for essentially two grand thefts. Section 812.014 establishes various degrees of seriousness for thefts of different kinds and value of property....
...The state argues that Grappin v. State,
450 So.2d 480 (Fla.1984) would allow to stand multiple convictions for the theft of multiple firearms. But multiple counts of grand theft of firearms are not involved in these burglaries and the state charged Wilson with the generic section
812.014(2)(c), not
812.014(2)(c)5....
...tences for grand theft; and remand for clarification or resentencing on the burglary offenses. AFFIRMED in part; REVERSED in part; REMANDED. HARRIS, J., and ORFINGER, M., Senior Judge, concur. NOTES [1] §
810.02(1) and (2)(b), Fla.Stat. (1997). [2] §
812.014(1) and (2)(c), Fla.Stat....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 410, 1988 Fla. App. LEXIS 452, 1988 WL 8112
...Neither is there a scintilla of evidence that Beech knowingly obtained, used, or endeavored to obtain or use property of Menendez, or that Beech deprived Menendez of a right to his property or appropriated the property to its own use or to the use of another person essential elements under the civil theft statute. § 812.014(1), Fla....
CopyCited 9 times | Published | Supreme Court of Florida | 1993 WL 32518
...We answer the question in the negative, approve, in part, the district court decision in Gayman, and approve the district court decision in Williams. Petitioner Dorcy Gayman was found guilty of petit theft by a jury. At sentencing, the trial judge adjudicated Gayman guilty of felony petit theft under section 812.014(2)(d), Florida Statutes (1989), based on two prior convictions for petit theft....
...Gayman received a five-year sentence as a result of the felony petit theft, with a five-year minimum mandatory provision under the habitual violent felony offender statute. Petitioner Kelvin Williams was arrested for retail theft, pleaded no contest, and was adjudicated guilty of felony petit theft under section 812.014(2)(d) because of two prior petit theft convictions....
...This contention is premised on the argument that, although each was convicted of only one offense for one act, namely, petit theft, each was punished twice for that one act. They argue that the first punishment was the reclassification of petit theft to felony petit theft under section
812.014(2)(d), and that the second punishment was the classification of each as a habitual offender under section
775.084, Florida Statutes (1989), based on their prior felony records....
...Although they acknowledge that a defendant's recidivism may be used to increase the punishment, they argue that it may not be used twice to increase the punishment. Petitioners acknowledge that in State v. Harris,
356 So.2d 315 (Fla. 1978), this Court determined that felony petit theft under section
812.014(2)(d) was a separate, substantive offense rather than an enhanced penalty....
...[1] However, they contend that we determined felony petit theft to be a substantive offense merely because to have held otherwise would have caused jurisdictional problems between county and circuit courts. Petitioners assert that, in reality, an adjudication of felony petit theft under 812.014(2)(d) is an enhancement of petit theft to felony petit theft and, consequently, like the habitual felony offender statute, such an enhancement provides an increased punishment for a repeat offender....
...We disagree. While the United States and Florida Constitutions do prohibit courts from imposing multiple punishments for the same offense, [2] we find that principle is not implicated under these circumstances. In Harris, we upheld the constitutionality of section 812.014(2)(d) and specifically determined that felony petit theft was a separate substantive offense....
...convicted of the alleged prior petit thefts. Once the trial judge established the defendant's prior petit theft convictions, the defendant would be adjudicated guilty of felony petit theft. As we acknowledged in Harris, the legislature, in enacting section 812.014(2)(d), has determined that a third or subsequent conviction for petit theft is the separate, substantive offense of felony petit theft and not simply an enhanced punishment....
...The real issue in this case is whether these alternative methods of punishment were intended also as cumulative methods of punishment. The Florida Legislature has not specifically indicated whether the two statutes were supposed to work in tandem. Compare § 812.014(2)(d), Fla....
...atutory construction, and find that double sentencing under the habitual offender statute and the petit theft reclassification statute is impermissible. NOTES [1] In Harris, we reviewed section 812.021(3), Florida Statutes (1977), the predecessor to section 812.014(2)(d) which is the provision at issue here....
...1432,
63 L.Ed.2d 715 (1980); State v. Hegstrom,
401 So.2d 1343 (Fla. 1981) (double jeopardy protects against multiple punishments for same offense as well as from second trial for same offense), overruled on other grounds, State v. Enmund,
476 So.2d 165 (Fla. 1985). [3] §
812.014(2)(d), Fla....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1989 WL 88040
...State,
412 So.2d 44 (Fla. 3d DCA 1982). His unrefuted, exculpatory, and not unreasonable, explanation that the driver told him the truck belonged to the driver's uncle from whom it had recently been stolen and to whom it had been returned precluded conviction under section
812.014, Florida Statutes (1987)....
...SCHWARTZ, Chief Judge (specially concurring). While I do not disagree with the holding of the majority, I would reverse on a much broader ground. I believe that, as opposed to the driver, one's status as a passenger in the vehicle involves none of the conduct proscribed by section 812.014(1) of the Florida Anti-Fencing Act (1987)....
...I necessarily believe, therefore, that D.N. v. State,
529 So.2d 1217, 1221 (Fla. 1st DCA 1988), which, although recognizing that "a finding of guilt in these situations seems rather farfetched," reaches just that conclusion, was wrongly decided and should not be followed. NOTES [1]
812.014 Theft....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1989 WL 89683
...he amount of $16,800 as a condition of her probation. We find that the court erred in determining the amount of restitution and, accordingly, reverse. The appellant pled nolo contendere to an information charging her with grand theft in violation of section 812.014(2)(b), Florida Statutes (1985)....
CopyCited 8 times | Published | Supreme Court of Florida
...We disagree, answer the question in the negative, and hold that section
812.019(2), Florida Statutes (1983), applies only to the organizer, or "ringleader," of a theft and not to the single thief who simply traffics in the goods he has stolen. Such a thief should be charged under the "Theft" statute, section
812.014, Florida Statutes (1983), and the "Trafficking in stolen goods" statute, section 819.019(1), Florida Statutes (1983)....
...Goddard testified that he had purchased the stainless steel at his home from a black man, but that he did not know the man's last name or how to contact him. Goddard claimed he did not realize the metal was stolen. *232 Instead of being charged with theft under section
812.014 and trafficking in stolen property under section
812.019(1), Goddard was charged with a violation of section
812.019(2), which provides that "[a]ny person who initiates, organizes, plans, finances, directs, manages, or supervises the...
...stolen or whether it applies solely to those individuals who orchestrate thefts and control fencing operations, the legislative history of that section and the Act as a whole must be examined. The sections of the Act pertinent to this discussion are section
812.014, entitled "Theft;" section
812.019, "Dealing in stolen property;" and section
812.025, "Charging theft and dealing in stolen property." The applicable provisions of
812.014, "Theft," are as follows: (1) A person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit therefrom....
...on one or the other, but not both, of the counts. Under the statutory scheme of the Florida Anti-Fencing Act, a thief who steals property valued at more than $100, but less than $20,000, subjects himself to punishment for a third-degree felony under section 812.014....
...In light of the model act's carefully graduated penalties and commentary, and the legislative history, such a result could not have been the reasonable intent of the legislature. We conclude that an individual who steals and traffics in only his own stolen goods is subject to theft and trafficking charges under sections
812.014 and
812.019(1), but may not be charged with "organizing" under section
812.019(2)....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 2295
...threshold value for the crime charged, and the crime was the same whether the value was $100 or $20,000, the departure was proper.
487 So.2d at 352. The same reasoning is obviously unavailing here where the threshold value for the crime is $100, see §
812.014(2)(b)(1), Fla....
CopyCited 8 times | Published | District Court, S.D. Florida | 1988 U.S. Dist. LEXIS 16051, 1988 WL 151645
...nting summary judgment. Joseph v. Norman La Porte Realty, Inc.,
508 So.2d 496, 497 (Fla. 3d DCA 1987). Florida law does not permit an individual to do indirectly what it prohibits that individual from doing directly. The Florida civil theft statute, Section
812.014, provides that: (1) A person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or use, the property of another with intent: (a) To deprive the other person of a right to the property or a benefit therefrom; (b...
...Accordingly, courts interpreting the scope of acts covered by the statute are guided by the primary rule of statutory construction that "unambiguous statutory language must be accorded its plain meaning," Carson v. Miller,
370 So.2d 10, 11 (Fla.1979). Applying the plain meaning of Section
812.014 to the facts of this case, it is clear that the fraudulent misrepresentations conducted by Green constitute theft. Roush v. State, supra, at 19. The mere existence of a contractual relationship does not preclude the applicability of Florida's civil theft statute. Even though Section
812.014 does not apply to a legitimate contractual dispute concerning an ordinary breach of contract, ( see Rosen v....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...One of the counts charged appellant with taking from the Whitmore residence on November 1, 1975, property, specifically fishing equipment, electronic video equipment, a clock, silver coins, and savings bonds, valued at over $100 but less than $20,000, in violation of Section 812.014, Florida Statutes. Another count charged appellant with theft from the same person on the same date, of a firearm, in violation of Section 812.014, Florida Statutes....
...Each can be read to stand alone as a separate criminal violation. Section
893.13(1)(a) and Section
893.13(1)(e) each contain a complete description of the offense, together with the applicable punishment. In contrast, the elements of the offense of theft are enumerated in Section
812.014(1). The subparts of Section
812.014(2) serve to distinguish certain types of property for the purpose of determining the degree of the offense and the applicable punishment. A reading of Section
812.014(2)(b)1 or Section
812.014(2)(b)3 in isolation would not provide a complete description of the offense....
...In all other respects the judgments and sentences are AFFIRMED. McCORD and SHIVERS, JJ., and LILES, WOODIE A. (Retired) Associate Judge, concur. NOTES [1] We do not hold that under no circumstances can a defendant be convicted of more than one offense under Section 812.014(2)(b)....
CopyCited 8 times | Published | United States Bankruptcy Court, S.D. Florida. | 1991 Bankr. LEXIS 1708
...int, a true copy of which is attached to the MADERAL AFFIDAVIT. The Amended Complaint consists of six (6) counts against the DEBTORS, including a separate count for fraud and a separate count for civil theft pursuant to the relevant Florida Statutes
812.014 and
772.11....
...and that MAXIMUS relied on these representations to its detriment resulting in damages. 12. Additionally in Count VI of the state court Amended Complaint, MAXIMUS alleged a cause of action for civil theft under Florida statutory law. Fla. Stat.Ann. § 812.014 (West 1990)....
...§ 523(a)(6), which excepts from the discharge a debt incurred by "for willful and malicious injury by the DEBTORS to another entity or to the property of another entity." 11 U.S.C. § 523(a)(6). As recognized by the Eleventh Circuit in In re, Latch,
820 F.2d 1163 (11th Cir.1987), the Florida Civil Theft Statute §
812.014 requires by its clear statutory language, an intent to do a wrongful act, in that the liability under this statute must be based on criminal intent....
CopyCited 8 times | Published | Supreme Court of Florida
...Fox, Asst. Atty. Gen., Miami, for appellee. PER CURIAM. In this case Gloria Williams appeals a trial court order denying her motion to dismiss the information against her and upholding the constitutionality of the statute under which she was charged, section 812.014(1), Florida Statutes (1977). Williams here raises three points for our consideration. The first of these that section 812.014 is unconstitutionally vague was recently rejected by the Court in State v....
...1978); Mayo v. Polk Co.,
124 Fla. 534,
169 So. 41, appeal dismissed,
299 U.S. 507,
57 S.Ct. 39,
81 L.Ed. 376 (1936); Butler v. Perry,
67 Fla. 405,
66 So. 150 (1914), aff'd,
240 U.S. 328,
36 S.Ct. 258,
60 L.Ed. 672 (1916). Measured by this rule, the title to section
812.014 meets the constitutional requirements....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1993 WL 88631
...ce relating to the issue of whether Appellant had guilty knowledge certain items he had purchased were stolen property. We agree and reverse. Duncan was charged with grand theft of property valued at more than $300, a third-degree felony pursuant to section 812.014(2)(c)(1), Florida Statutes (1989)....
CopyCited 8 times | Published | Florida 5th District Court of Appeal
...which was a robbery and grand theft case, should apply here extortion and grand theft. By way of illustration we would say the same logic would also apply if a person stole a motor vehicle and was charged with grand theft of a motor vehicle under Section 812.014(2)(b)4, Florida Statutes (1981); he could not also be convicted of grand theft under Section 812.014(2)(b)1, Florida Statutes (1981)....
...jeopardy for a violation of both such statutes because in substance they constitute a single offense the "same offense" for which one cannot be placed twice in jeopardy. Id. at 893. With this in mind, clearly only one offense was charged here. Section 812.014, Florida Statutes (1981), says that a person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or use, the property of another with intent: (a) To deprive the other person of a right to the property or a benefit therefrom....
...The theft conviction is reversed, the extortion conviction is affirmed. AFFIRMED in part; REVERSED in part. ORFINGER, C.J., concurs. COWART, J., dissents with opinion. COWART, Judge, dissenting: O'Hara was convicted of violating two criminal statutes, extortion (§
836.05, Fla. Stat. (1981)) and grand theft (§
812.014(2)(b)1., Fla....
...There is no reason to believe the legislature intended the extortion statute in chapter 836, Florida Statutes, to prohibit the same conduct prohibited by the theft statute in Chapter 812 in view of the fact *529 that each statute has elements the other statute does not. While both the offense of statutory grand theft (§ 812.014, Fla....
...State,
412 So.2d 443 (Fla. 5th DCA 1982); Preston v. State,
397 So.2d 712 (Fla. 5th DCA 1981). See also Madry and Banks v. State,
448 So.2d 8 (Fla. 5th DCA 1984) and Hedges v. State,
448 So.2d 5 (Fla. 5th DCA 1984). Also see §
775.021(4), Fla. Stat. (1981). NOTES [1] §
812.014(2)(b)2, Fla. Stat. (1981). [2] §
812.014(2)(b)5, Fla. Stat. (1981). [3] §
812.014(2)(b)6, Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 8187, 2010 WL 2292106
...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....
...While the theft of a checkbook may potentially lead to the commission of still other crimes, this does not affect the value of the stolen checkbook itself. Id. at 952 ("That the situation may have involved the potential commission of still other crimes does not affect the value of the property stolen under section 812.014(2), Florida Statutes (2000), which is the only issue before us.")....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 2003 WL 151226
...A defendant must be convicted of one of the enumerated chapter 893 offenses in order to qualify for a drug offender probation sentence pursuant to section 948.034. See Ellis v. State,
816 So.2d 759, 760 (Fla. 4th DCA 2002). In the present case, the appellant alleges that he was convicted only of grand theft pursuant to section
812.014(2)(a), Florida Statutes (2001)....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 201, 1985 Fla. App. LEXIS 11979
...Prior to that time, she had never been arrested, charged or convicted of a crime. As a *114 direct result of a sworn statement of John Guy Warrington, an Information was filed by the State of Florida against the Plaintiff charging her with violation of Florida Statute 812.014, that the Plaintiff was tried before a jury beginning May 27, 1981, and was found not guilty on May 29, 1981....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 2004 WL 358112
...of the crime constituted fundamental error. We affirm. Mr. Lane was tried on an information that charged not only resisting a merchant's employee's efforts to recover stolen property, but also felony petit theft of the same property in violation of section 812.014(3)(c), Florida Statutes (2002), and was convicted on both charges....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2001 WL 127878
...he had purchased the television a week earlier; however, the State did not elicit any testimony concerning how much she paid for the television. *595 Grand theft in the third degree requires that the value of the property stolen be $300 or more. See § 812.014(2)(c), Fla.Stat....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2002 WL 126052
...Clearly, Jones's failure to appear was unrelated to his burglary charges. Accordingly, the trial court was free to impose consecutive habitual offender sentences. APPEAL DISMISSED. AFFIRMED. GRIFFIN and PALMER, JJ., concur. NOTES [1] §§
810.02(1) & (2),
810.07, Fla. Stat. (1996). [2] §
812.014(1) & (2)(c), Fla. Stat. (1996). [3] §
812.014(1) & (2)(d), Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 163
...James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee. CAMPBELL, Judge. Appellant was convicted of second degree grand theft in violation of section 812.014(2)(b), Florida Statutes (1983)....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1989 Fla. App. LEXIS 7321, 1989 WL 154973
...debt owed, and no embezzlement whatever occurred in that case. Masvidal, at 556. Nova has not alleged merely a case of "civil conversion" ( See City of Cars, Inc. v. Simms,
526 So.2d 119 (Fla. 5th DCA 1988) but rather a case of criminal theft under section
812.014, Florida Statutes, 1987....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1991 WL 272643
...The court adjudicated the defendant guilty and sentenced him as follows: One Count of Racketeering 13 years' imprisonment, §
895.03(3), Fla. Stat. (1987) followed by 7 years' probation Six Counts of Second Degree Grand Theft 13 years' incarceration, §
812.014(2)(b), Fla. Stat. (1987) followed by 2 years' probation on each count, Two Counts of Third Degree Grand Theft 5 years' imprisonment §
812.014(2)(c), Fla....
...act, (5) resulting in temporarily or permanently depriving any person of the right to property or a benefit therefrom, or appropriating the property to one's own use or to the use of another person not entitled thereto. As to the elements of theft, section 812.014, Florida Statutes (1987), reads: (1) A person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit therefrom....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21820501
...Therefore we affirm the trial court's summary denial of this claim. Affirmed in part, reversed in part, and remanded. WHATLEY and SALCINES, JJ., Concur. NOTES [1] We note that the State's evidence failed to prove that the tools were worth $300 or more, as is necessary to sustain a grand theft conviction. See § 812.014(2)(c), Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...red at the arraignment/adjudication hearing. We reverse. Appellant was taken into custody in Volusia County and charged in that county by petition, pursuant to section 39.05(1), Florida Statutes (1981), with second degree grand theft in violation of section 812.014(2)(b), Florida Statutes (1981)....
...Three days later, the trial court entered an order of adjudication of delinquency wherein it found: [K.M.], having waived his Constitutional Rights, his right to be represented by Counsel herein, and having entered a plea of NOLO CONTENDERE to the above-mentioned charge of grand theft of the SECOND DEGREE in violation of F.S. 812.014, and the Court having accepted said plea of nolo contendere, finds said child to be a delinquent child....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 2005 WL 901171
...State,
594 So.2d 292, 294 (Fla.1992); see also Illinois v. Wardlow,
528 U.S. 119, 125,
120 S.Ct. 673,
145 L.Ed.2d 570 (2000). On the facts here, a reasonable officer would have probable cause to believe that the passenger had participated in the theft of the car, see §
812.014(2)(c)6, Fla....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1992 WL 70137
...He also agreed to pay unspecified "restitution." At defendant's restitution hearing, the victim testified that his uninsured losses due to the theft were $2,874.78. Among other things defense counsel argued that defendant could not be ordered to pay restitution in excess of $300, the maximum amount defined as petit theft in section 812.014, Florida Statutes (1989)....
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...FRANK D. UPCHURCH, Jr., Judge. The question involved in these cases which have been consolidated for appeal is whether specific intent, i.e., the intent to permanently deprive the owner of his property, is a requisite element of grand theft pursuant to section 812.014, [1] Florida Statutes (1979)....
...State,
394 So.2d 979 (Fla. 1981); State v. Allen,
362 So.2d 10 (Fla. 1978); Hilty v. State,
386 So.2d 1236 (Fla.2d DCA 1980). In Allen, the supreme court held that there was no evidence of legislative intent to eliminate specific criminal intent as an element of section
812.014, Florida Statutes (1977)....
...pecific intent as "the intent to permanently deprive the owner of property." This court sitting en banc follows Faison and again holds that specific intent, i.e., the intent to permanently deprive the owner of his property, is a requisite element of section 812.014, Florida Statutes (1979). The state contended that "the enactment of section 812.014 requires a construction that section 812.041 [2] has been repealed to the extent that it may be in conflict with section 812.014." We disagree. Section 812.041 provides for an unauthorized temporary use of a motor vehicle, aircraft, boat or boat motor. Interpreting section 812.014 to require an allegation of specific intent to permanently deprive will achieve a field of operation for each statute....
...Ty-Tan, Inc.,
48 So.2d 158 (Fla. 1950); Johnson v. State,
157 Fla. 685,
27 So.2d 276 (1946), cert. denied,
329 U.S. 799,
67 S.Ct. 491,
91 L.Ed. 683 (1947). The crime of theft, whether it be a felony or misdemeanor, is now defined by the 1977 act, which has the following section:
812.014 Theft....
...t any intent to permanently deprive the owner of the property, fits the above definition. The temporary loss of the vehicle deprives the owner of a right to the property and a benefit from it. Indeed, section
812.012, which defines the terms used in section
812.014, states that "obtains or uses" means any manner of making any unauthorized use of property....
...bsence of an allegation pertaining to permanent deprivation. I would hold that such an allegation is no longer necessary since October 1, 1977, and that section 812.041, Florida Statutes (1975), was repealed by implication. I would affirm. NOTES [1] Section 812.014(1), Florida Statutes (1979), provides: A person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent: (a) To deprive the other person of a right to the property or a benefit therefrom....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2640
...After a hearing on the petition, R.C. moved for judgment of acquittal. He alleged that because King denied owning the bike and no other owner had been brought forward, the State had failed to prove that the bike was the "property of another" as required by the theft statute, Section 812.014(1), Florida Statutes (1983)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1997 WL 716780
...The parties concur that the sentences imposed in case number 96-02908 did not comport with the penalties authorized for the crimes; the same principles apply to the challenge to the sentences in case number 96-04825, and that appeal has been decided by consent of the parties without briefing. Prior to 1992, section
812.014(2)(d), Florida Statutes (1991), provided that sentencing for felony petit theft was governed by sections
775.082 (general criminal penalties),
775.083 (criminal fines), or
775.084 (habitual offenders), Florida Statutes (1991). Effective October 1, 1992, however, the statute was amended by chapter 92-79, § 1, Laws of Florida, and reference to the habitual offender statute, section
775.084, was deleted. See §
812.014(2)(d), Fla. Stat. (Supp.1992), now renumbered as §
812.014(3)(c) (1995), the statute which is the subject of this appeal....
...with the guidelines. Appeal number 96-02908 dismissed; appeal number 96-04825 reversed and remanded for resentencing. SCHOONOVER, A.C.J., and THREADGILL and BLUE, JJ., concur. NOTES [1] Ridley was charged in five separate informations with violating section 812.014(3)(c), Florida Statutes (1995), which elevates the misdemeanor of petit theft to a felony if the accused has previously been convicted two or more times of any degree of theft.
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1235131
...for burglary of a dwelling should have been dismissed. *503 Likewise, the evidence failed to establish that R.J.K. knowingly obtained, used, or endeavored to obtain Mr. Hodge's property with the intent to either temporarily or permanently deprive Mr. Hodge of its use as alleged in the petition. See § 812.014(1), (2)(c)(1), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2007 WL 750528
...NOTES [1] The information alleged grand theft with intent "either to permanently or temporarily deprive the [health insurer] of a right to the property or a benefit there from, or to appropriate the property to their own use or to the use of any person not entitled thereto." See § 812.014(1), Fla....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 9863, 2010 WL 2675303
...State,
826 So.2d 268, 271 (Fla.2002). I think the solution already exists in standard jury instruction 14.2, entitled "Dealing in Stolen Property (Fencing) §
812.019(1)." That instruction shows, as a lesser included offense, "grand theft third degree" as codified in section
812.014(2)(c), Florida Statutes....
CopyCited 7 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 554, 2008 Fla. LEXIS 1237, 2008 WL 2679168
...See §
810.02, Fla. Stat. (2002). For guidance on instructions for burglary offenses committed between February 2000 and before July 1, 2001, see State v. Ruiz,
863 So.2d 1205 (Fla.2003), and *569 Burnes v. State,
861 So.2d 78 (Fla. 3d DCA 2003). 14.1 THEFT §
812.014, Fla....
...truction site][a stop sign][anhydrous ammonia].] o. [the value of the property taken was $100 or more but less than $300, and was taken from [a dwelling] [the unenclosed curtilage of a dwelling].] Give if applicable but only in cases of grand theft. § 812.014(2)(a)3, Fla....
...§
812.012(1), Fla. Stat. "Cargo" means partial or entire shipments, containers, or cartons of property which are contained in or on a trailer, motortruck, aircraft, vessel, warehouse, freight station, freight consolidation facility, or air navigation facility. §
812.014(2), Fla....
...oof over it and is designed to be occupied by people lodging therein at night, together with the enclosed space of ground and outbuildings immediately surrounding it. For purposes of theft, a "dwelling" includes an attached porch or attached garage. § 812.014(2)(b)3, Fla. Stat. "Emergency medical aircraft or vehicle" means any aircraft, ambulance or other vehicle used as an emergency medical service vehicle that has been issued a permit in accordance with Florida law. § 812.014(2)(b)3, Fla....
...n of a physician, to determine if an emergency medical condition exists, and if it does, the care, treatment, or surgery by a physician necessary to relieve or eliminate the emergency medical condition, within the service capability of the facility. § 812.014(2)(b)4, Fla....
...ES ON THIS PROPERTY COMMITS A FELONY. §
395.002(17), Fla. Stat. "Licensed facility" means a hospital, ambulatory surgical center, or mobile surgical facility licensed by the Florida Agency for Health Care Administration. See chapter 395, Fla. Stat. §
812.014(2)(b)3, Fla....
...value of the theft in determining the grade of the offense. Lesser Included Offense ------------------------------------------------------------------------------------------------ GRAND THEFT FIRST DEGREE (PROPERTY VALUED AT $100,000 OR MORE)
812.014(2)(a) ------------------------------------------------------------------------------------------------ CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ------------------------------------------------------------------------------------------------ Grand theft second
812.014(2)(b) 14.1 degree ------------------------------------------------------------------------------------------------ Grand theft third
812.014(2)(c)1.,2.,3. 14.1 degree (1), (2), (3) ------------------------------------------------------------------------------------------------ Petit theft first
812.014(2)(e) 14.1 degree ------------------------------------------------------------------------------------------------ Petit theft second
812.014(3)(a) 14.1 degree ------------------------------------------------------------------------------------------------ Trade secrets
812.081 ------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------ GRAND THEFT SECOND DEGREE (PROPERTY VALUED AT $20,000 OR MORE BUT LESS THAN $100,000)
812.014(2)(b) ------------------------------------------------------------------------------------------------ CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ------------------------------------------------------------------------------------------------ Grand theft & third
812.014(2)(c)1.,2.,3. 14.1 degree (1), (2), (3) ------------------------------------------------------------------------------------------------ Petit theft & first
812.014(2)(e) 14.1 degree ------------------------------------------------------------------------------------------------ Petit theft & second
812.014(3)(a) 14.1 degree ------------------------------------------------------------------------------------------------ Trade secrets
812.081 ------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------ GRAND THEFT THIRD DEGREE (PROPERTY VALUED AT $300 OR MORE BUT LESS THAN $20,000)
812.014(2)(c) ------------------------------------------------------------------------------------------------ CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ------------------------------------------------------------------------------------------------ Petit theft first degree
812.014(2)(e) 14.1 ------------------------------------------------------------------------------------------------ Petit theft second
812.014(3)(a) 14.1 degree ------------------------------------------------------------------------------------------------ Trade secrets
812.081 ------------------------------------------------------------------------------------------------ Trespass to
812.014(2)(c)(6) conveyance ------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------ GRAND THEFT THIRD DEGREE (A MOTOR VEHICLE)
812.014(2) (c)6 ------------------------------------------------------------------------------------------------ CATEGORY ONE CATEGORY TWO FLA....
...--------------------------------------- *575 ------------------------------------------------------------------------------------------------ GRAND THEFT THIRD DEGREE (PROPERTY VALUED AT $100 OR MORE BUT LESS THAN $300 AND TAKEN FROM DWELLING) 812.014(2)(d) ------------------------------------------------------------------------------------------------ CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ------------------------------------------------------------------------------------------------ None Petit theft first 812.014(2)(e) 14.1 degree ------------------------------------------------------------------------------------------------ Petit theft second Petit theft second 812.014(3)(a) 14.1 degree degree None ------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------ PETIT THEFT FIRST DEGREE 812.014(2)(e) ------------------------------------------------------------------------------------------------ CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ------------------------------------------------------------------------------------------------ None Petit theft second 812.014(3)(a) 14.1 degree ------------------------------------------------------------------------------------------------ Petit theft second 812.014(3)(a) degree None ------------------------------------------------------------------------------------------------ PETIT THEFT FIRST DEGREE 812.014(2)(e) ------------------------------------------------------------------------------------------------ CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ------------------------------------------------------------------------------------------------ None Petit theft second 812.014(3)(a) 14.1 degree ------------------------------------------------------------------------------------------------ None ------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------ PETIT THEFT SECOND DEGREE 812.014(3)(a) ------------------------------------------------------------------------------------------------ CATEGORY ONE CATEGORY TWO FLA....
...---------------------------- None ------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------ FELONY PETIT THEFT
812.014(3)(c) ------------------------------------------------------------------------------------------------ CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ------------------------------------------------------------------------------------------------ None Petit theft first
812.014(3)(b) 14.1 degree ------------------------------------------------------------------------------------------------ Petit theft second Petit theft first degree
812.014(2)(e) 14.1 degree
812.014(3)(a) ------------------------------------------------------------------------------------------------ Petit theft
812.014(3)(b) ------------------------------------------------------------------------------------------------ Petit theft second
812.014(3)(a) degree ------------------------------------------------------------------------------------------------ Comment This instruction was adopted in 1981 and amended in 1985 [
477 So.2d 985], 1987 [
508 So.2d 1221], 1989 [
543 So.2d 1205], 1992...
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1998 WL 4096
...Appellant further argues that the trial court erred in placing him on community control for five and one-half years. Appellant was adjudicated guilty of burglary, a third degree felony under section
810.02(4), Florida Statutes (1995), and petit theft, a second degree misdemeanor under section
812.014(3)(a), Florida Statutes (1995)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...hefts of the second degree by stealing five firearms during the same transaction. We reverse. The state's five-count information charged that appellee stole five firearms from the residence of the owner on December 24, 1980, in multiple violation of section 812.014, Florida Statutes (1979)....
...1951), rendered an order granting the motion without prejudice to the state to file an amended information. The state, not desiring to prosecute under an information charging a single theft of five firearms, appealed the order. The portion of the 1979 theft statute which we deal with today reads: 812.014 Theft....
...Any member of the genus Bos (cattle) or the genus Equus (horse), or any hybrid of the specified genera. 6. Any fire extinguisher. 7. Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit. (c)... . (Emphasis added) The issue we address on appeal concerns the allowable unit of prosecution under section 812.014(2)(b)3....
...The court reversed the second conviction on double jeopardy grounds. We believe that Hearn, which antedated the enactment of the theft statute, conflicts with the legislature's intent regarding the allowable unit of prosecution under parts 2 through 4 of section 812.014(2)(b). Thus, since we deal today with part 3 of subsection (2)(b), Hearn necessarily yields. Our legislature, in enacting section 812.014 in 1977, prefaced the respective item of property in parts 2 through 4 of subsection (2)(b) with the article "a" ("2....
...In other words, its use of different articles signifies its intent, with respect to simultaneously pilfered firearms (or testamentary instruments or motor vehicles), to treat separately each stick in the bundle. Therefore, notwithstanding Hearn, we hold today that a common sense reading of the plain language of section 812.014(2)(b) demonstrates that the legislature unmistakably intended for the simultaneous unlawful taking of more than one firearm to be subject to a separate prosecution (and punishment) as to each firearm so taken....
...id confusion concerning the applicability of this rule here, we shall henceforth use the word "simultaneous" or the phrase "same time and place" throughout the course of this opinion instead of the phrase "during the same transaction." [4] Part 5 of § 812.014(2)(b) is the virtually identical successor to the larceny statute which the defendants violated in Hearn....
...or calf." § 811.11, Fla. Stat. (1949). If appellee had been charged here with the simultaneous unlawful taking of several cows instead of the simultaneous pilfering of several firearms, Hearn would clearly control. [5] Of course, with respect to part 7 of § 812.014(2)(b), but only with respect to part 7, it was immaterial which article the legislature used ("any" or "an") in establishing the allowable unit of prosecution, because it is factually impossible to commit simultaneous violations of part 7. [6] Recently, Hearn has been cited to by our sister courts in support of the proposition that the simultaneous violation of different parts of § 812.014(2)(b) constitutes a single theft....
...State,
400 So.2d 487 (Fla. 5th DCA 1981); Thomas v. State,
405 So.2d 1015 (Fla. 1st DCA 1981). See also Joiner v. State,
382 So.2d 1357 (Fla. 1st DCA 1981). In Drakes, the defendant was charged with two simultaneous thefts in respective violation of parts 1 and 3 of §
812.014(2)(b)....
...Our sister court, citing to Hearn and Drakes, vacated one of the terms of imprisonment, holding that the simultaneous violation of different parts of subsection (2)(b) is a single violation of the theft statute. We do not believe that Hearn controls in a situation where a person simultaneously violates different parts of §
812.014(2)(b). A reading of subsection (2)(b) with any one of the seven parts provides a complete description of a violation of the theft statute. Contra, Thomas ("A reading of section
812.014(2)(b)1 or section
812.014(2)(b)3 in isolation would not provide a complete description of the offense."
405 So.2d at 1017.) Thus, when a person simultaneously violates two or more parts, he commits at least two or more thefts....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2000 WL 24894
...had reached into an automobile and removed several items, including glasses, cigarettes, documents, and currency. No witness testified as to the value of the items taken. T.E.J. was alleged to have committed petit theft of personal property of more than $100 and less than $300 in value, in violation of section 812.014(2)(e), Florida Statutes (1997). T.E.J. argues on appeal that the adjudication must be reduced to second degree petit theft, pursuant to section 812.014(3)(a), Florida Statutes (1997), because the evidence was insufficient to prove the charged offense of first degree petit theft....
...did not raise this failure of proof in his motion for judgment of acquittal. Nevertheless, following Negron, we conclude that this failure of proof on the essential element of value was fundamental error. Accordingly, we remand for the trial court to reduce the adjudication to second degree petit theft under section 812.014(3)(a), Florida Statutes (1997), which encompasses theft of items with a value less than $100....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1992 WL 87142
...has an extensive history of serious crime for his brief sixteen years. In the instant case, he was adjudicated guilty of one count of robbery with a firearm in violation of section
812.13, Florida Statutes (1989), and two counts of grand theft in violation of section
812.014, Florida Statutes (1990)....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2001 WL 121971
...ectly contend that the sentence must be reversed. The Florida Supreme Court held in Young v. State,
641 So.2d 401 (Fla.1994) that the State must *457 allege the elements of felony petit larceny in its charging document if it intends to proceed under section
812.014(2)(d), (1991), (now 812.104(3)(b), as amended and renumbered)....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 2661
...This is an appeal by the state from an order dismissing an information on the ground that the prosecution herein was barred by the statute of limitations. We reverse. On May 22, 1981, an information was filed in the court below charging the defendant Margarita Chacon with grand theft in violation of Section 812.014, Florida Statutes (1981)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 2634
...Beverly Smith appeals the sentences she received for two convictions of grand theft. We affirm the convictions but reverse the sentences and remand for resentencing. Appellant was charged by information with two counts of grand theft arising from different incidents. § 812.014, Fla....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1990 WL 111929
...Gen., Tallahassee, Georgina Jimenez-Orosa and David D. McLauchlin, Asst. Attys. Gen., West Palm Beach, for appellee. PER CURIAM. In this consolidated appeal, appellants were convicted of five counts each of grand theft in the first degree, in violation of section 812.014(1)(a), Florida Statutes (1987), and five counts each of grand theft in violation of section 812.014, Florida Statutes (1987)....
...Nonetheless, Lawson opined that the appellants were engaged in a "bust out." At the close of the state's case, appellants moved for a directed verdict. The trial court denied appellants' motions, stating that while state's evidence was not strong, it just barely survived the motion. We reverse. To sustain a conviction under section 812.014, Florida Statutes (1987), the state had to prove that appellants knowingly obtained or endeavored to obtain property of another, of various valuations, with the intent to deprive the lawful owner of the property or a benefit thereof....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2003 WL 21976094
...and was ordered to pay $15,000 in restitution. Benitez appeals from his grand theft conviction arguing that the State failed to prove intent. We agree. Grand theft requires proof of intent to deprive the owner of property of its use or benefit. See § 812.014(1), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1670
...g in it. Once that is established, then it is up to the accused to give a reasonable explanation for his having possessed and sold it, if he is to escape conviction. Coleman,
466 So.2d at 396-97. Colvin interprets the theft statute, and particularly section
812.014(1)(a) and (b) to mean that a felonious taking is imputed to the subsequent culpable purchaser or possessor. Section
812.014(1)(a) and (b) provide that: (1) A person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit therefrom. (b) Appropriate the property to his own use or to the use of any person not entitled thereto. It can be imputed that appellant committed grand theft in violation of section
812.014(1) by this possession alone, without regarding the question of whether appellant was the actual one to "take" the items from Ms....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1990 WL 43140
...ting Bertoglio v. American Savings & Loan Association of Florida,
491 So.2d 1216 (Fla. 3d DCA 1986). Appellees are correct in asserting that a felonious intent to steal is a necessary element of proof in an action for damages based on a violation of section
812.014(1), Florida Statutes (1985)....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 13752, 2009 WL 2950363
...The trial court likewise erroneously concluded that the actions for civil theft in counts II and III failed to state a cause of action because Infante failed to allege a felonious intent to steal. Infante pled the precise language of the criminal theft statute, section 812.014(1), Florida Statutes (2006), which provides in pertinent part: A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:...
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 18022, 2010 WL 4740099
...4th DCA 1999). Reversed and Remanded for Further Proceedings. TAYLOR and CIKLIN, JJ., concur. NOTES [1] It is not clear from the affidavit of violation of probation under which section of the theft statute the state was operating. It could have been section 812.014(2)(c)1., Florida Statutes (2008), which provides: "It is grand theft of the third degree and a felony of the third degree, . . . if the property stolen is: 1. Valued at $300 or more, but less than $5,000." Or it could have been section 812.014(2)(d), which provides: "It is grand theft of the third degree and a felony of the third degree ....
...810.09(1)." Pursuant to the state's argument to the court, it appears that the state was proceeding under the first section above and believed it had shown property stolen valued at more than $300. Even if the amount necessary to prove grand theft was only $100 under section 812.014(2)(d), the state still did not meet its burden.
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...1989). The state does not dispute that under New York law, petit larceny is a misdemeanor. Since there is a notable absence in the record of the three prior petit theft convictions required to raise a petit theft conviction to a third-degree felony, see § 812.014(2)(d), Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1992 WL 41469
...statutory maximum but includes time served, and complies with the guidelines recommended or bump-up brackets, unless valid written departure reasons are given. QUASH ORDER MODIFYING PROBATION AND REMAND. DAUKSCH and DIAMANTIS, JJ., concur. NOTES [1] § 812.014, Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 588
...We reverse and remand for resentencing within the presumptive guideline range. Appellant was charged by information with unarmed burglary of an occupied dwelling in violation of section
810.02, Florida *634 Statutes (1983), and grand theft of an automobile in violation of section
812.014, Florida Statutes (1983)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2000 WL 314444
...e hypothesis of innocence, the state must prove each element of a crime charged beyond a reasonable doubt. See M.P.W. v. State,
702 So.2d 591, 592 (Fla. 2d DCA 1997). If the State cannot do so, then a judgment of acquittal should be granted. See id. Section
812.014(1), Florida Statutes (1997), defines "theft" as follows: (1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (...
...right to the property or a benefit from the property. (b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property. It is a third degree felony if the stolen property is a fire extinguisher. § 812.014(2)(c)8, Fla....
...3d DCA 2000); State v. West,
262 So.2d 457, 458 (Fla. 4th DCA 1972). This well-established principle, however, is subject to the legal requirement that there must be some substantial competent evidence from which the jury may reasonably infer the intent. See id. Section
812.014 requires a finding of specific criminal intent to either (a) "deprive" the other person of a right to the property or a benefit therefrom or (b) "appropriate" the property to his own use or to the use of any person not entitled thereto....
...1997). The terms "deprive" and "appropriate" both connote a taking of another's property without authorization. See id. In Daniels v. State,
587 So.2d 460 (Fla. 1991), the Florida Supreme Court explained that the specific intent to commit robbery, under section
812.014(1), is the intent to steal, i.e., to deprive an owner of property either permanently or temporarily....
...in a fit of anger over his pending discipline. We do not agree with the state, that a momentary taking, for only a second or two, constitutes the specific intent necessary *752 to temporarily appropriate the School Board's property as defined under section 812.014(1)....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...Appellant alleges two errors, the first of which is the court's failure to instruct the jury as to the alleged lesser included offense of attempted grand theft. The crime charged is "[a] person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or use, the property of another... ." Fla. Stat. 812.014(1) (1979)....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...Appellant also cites Faison v. State,
390 So.2d 728 (Fla. 5th DCA 1980), and Baxley v. State,
411 So.2d 194 (Fla. 5th DCA 1981), in which this court relied on Bell to hold that specific intent to permanently deprive an owner of property is an element of theft as defined in section
812.014, Florida Statutes (1981)....
...The information in this case charging that the appellant did "steal," imperfectly alleges all of the elements of the offense of larceny, including the element of intention, which is "animo furandi," just as an information charging statutory theft (§ 812.014, Fla....
...t be attacked for the first time on appeal. AFFIRMED. ORFINGER and SHARP, JJ., concur. NOTES [1] As amended effective February 1, 1973. See In re Florida Rules of Criminal Procedure,
272 So.2d 65 (Fla. 1972). [2] The legislature has recently amended section
812.014(1), defining theft....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...less than a hundred dollars, taken by one person in a single burglary. The court held that there were two separate crimes committed because the items were covered under separate sections of the same statute; viz: the theft of property was covered by section 812.014(2)(c) and the taking of the firearm was covered by section 812.014(2)(b)3....
...Using the same analogy, because the crime of robbery involves the taking from the person or custody of another by force, violence, assault or putting in fear, of property which may be the subject of larceny, the keys taken here would be the subject of larceny under sec. 812.014(2)(c), since no value was proved, and the motor vehicle would be the subject of larceny under section 812.014(2)(b)4....
...Getz,
435 So.2d 789 (Fla. 1983), is also misplaced here. Under the majority's reading of Getz, a defendant who steals an automobile which has the keys in the ignition could be prosecuted for both grand theft of a motor vehicle and petit theft under section
812.014, Florida Statutes (1983)....
...[2] The recent supreme court decision in Grappin v. State,
450 So.2d 480 (Fla. 1984) is also unavailing here since in that case, the court concluded that the legislature unambiguously intended that the taking of multiple firearms in a single criminal episode be treated as separate thefts under section
812.014....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1999 WL 420288
...The state nolle prossed charges of throwing a deadly missile into an occupied vehicle, and aggravated battery with a deadly weapon. A.D. pled nolo contendere, in case numbers 96-5459 and 96-6584. In case number 96-5459, the charges were grand theft of a motor vehicle pursuant to §
812.014(2)(c)(6), and fleeing and attempting to elude a law enforcement officer with high speed pursuit pursuant to §
316.1935(2), both of which are third degree felonies; the state nolle prossed charges of burglary of a conveyance and resisting arrest without violence....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 8790, 2009 WL 1675706
...Under these facts, the defendant waived the defect in the information and cannot be heard to complain on appeal. Sebastiano argues that the trial court erred in denying his motion for judgment of acquittal because the state failed to prove the intent element of grand theft. Under section 812.014, Florida Statutes (2005), [1] the state was required to prove that Sebastiano knowingly obtained or used, or endeavored to obtain or use, the property of Sclafani with the intent to, either temporarily or permanently, deprive Sclafani...
...set off against any civil recovery. Sebastiano's brief raises eleven other issues arising from this non-jury trial. These remaining issues are meritless, harmless, or not properly preserved. Affirmed. STEVENSON and DAMOORGIAN, JJ., concur. NOTES [1] Section 812.014 states: (1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1302
...Rule 3.701(d)(5)(a)(2), Fla.R.Crim.P., provides: When scoring federal, foreign, military, or out-of-state convictions, assign the score for the analogous or parallel Florida Statute. The theft of property with a value less than $100 in Florida is a misdemeanor. Section 812.014(2)(c), Florida Statutes (1983)....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1994 WL 316172
...person or custody of another, with the intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear. [6] Section 812.014 Florida Statutes (1) A person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit therefrom....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...The evidence supports a conclusion that appellant paid $10,000 in cash plus transfer of his 1977 Cadillac, which was in bad repair and worth only approximately $2,000, in exchange for the Mercedes. The evidence was sufficient to create an inference that appellant was guilty of theft, in violation of section
812.014, Florida Statutes, since it showed that appellant purchased the Mercedes at a price substantially below the fair market value and that the low purchase price was not satisfactorily explained. §
812.022(3), Fla. Stat. However, appellant was not charged with theft under section
812.014, but instead he was charged under section
812.019 with "dealing in stolen property." Under that statute: "(1) Any person who trafficks in, or endeavors to traffic in, property that he knows or should know was stolen shall be guilty of a felony of the second degree......
CopyCited 6 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 34
...eft." The body of the information charges that appellant did "unlawfully take possession of, or carry away, merchandise of a value of $100 or more," with the intent to deprive the owner of the "full retail value of said property; contrary to chapter 812.014/812.015, Florida Statutes." It is apparent that throughout the proceedings below, appellant, *458 appellee, State of Florida, and the court considered that appellant was charged with and tried for grand theft of the second degree....
...§
812.015(1)(c), Fla. Stat. (1981). The jury found petitioner guilty of grand theft. The judgment entered on the day of the verdict, February 22, 1983, adjudicated petitioner guilty of "retail theft," with "grand theft" written parenthetically and "
812.014/812.015" cited as the offense statute numbers. On the day of sentencing, March 29, 1983, another judgment was entered citing as the offense statute number section
812.014(2)(b)(1), but spelling out "retail theft." The district court affirmed the conviction and sentence, but remanded to have the judgment reflect that the crime for which petitioner was convicted was grand theft....
...In its ruling the court rejected petitioner's argument, and the reasoning in Tobe, that retail theft of merchandise is a separate crime from other theft and that a conviction under the retail theft statute is necessarily a second-degree misdemeanor. It arrived at this result by analyzing the legislative history of sections 812.014, Florida Statutes (Supp....
...t standard by which the market value of property stolen from a retail establishment is determined." Emshwiller,
443 So.2d at 346. We approve the decision of the district court. Under section
812.015, retail theft is a species of the theft defined in section
812.014, not a separate crime for purposes of penalty determination....
CopyCited 6 times | Published | United States Bankruptcy Court, N.D. Florida | 1990 Bankr. LEXIS 2972, 1990 WL 80867
...The plaintiffs have an additional claim for civil theft citing Florida Statute § 812.024, and are seeking treble damages pursuant to Fla.Stat. §
812.035(7). The court has been unable to locate Fla.Stat. § 812.024, and assumes plaintiffs intended a claim based on §
812.014. To be guilty of theft under Fla.Stat. §
812.014, the plaintiffs must prove that the accused "knowingly obtains or uses . . . the property of another with intent to . . . deprive the other person of a right to the property or a benefit thereto." Fla.Stat.Ann. §
812.014(1) (emphasis added)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2005 WL 414840
...When originally sentenced on March 5, 1999, Mr. Aponte received, as to each sentence, at least 274 days' credit for time he had already spent in jail. On or about June 4, 2003, therefore, five years of combined incarceration and probation for violations of section
810.02(4)(b) (burglary) and
812.014(2)(c) (theft), Florida Statutes (1997), came to an end....
...illegal sentence, and will not be estopped from challenging such sentence."). Accordingly, appellant's sentences for burglary of an unoccupied conveyance in violation of section
810.02(4)(b), Florida Statutes (1997), and grand theft in violation of section
812.014(2)(c), Florida Statutes *839 (1997), purportedly imposed on November 6, 2003, are reversed....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1997 WL 67953
...[1] Following a plea to the charge, the county court placed McDonald on six months' probation and ordered her to pay restitution. One week after the sentencing on the fraud case, the state charged McDonald with grand theft, a third-degree felony, in violation of 812.014(2)(c)(1), Florida Statutes (1993)....
...McDonald moved to dismiss the information alleging that the state previously prosecuted her on the same facts and actions. Agreeing with McDonald, the trial court granted her motion to dismiss. The issue on appeal is whether the state can charge McDonald with both grand theft pursuant to section
812.014, Florida Statutes (1993), and credit card fraud by a person authorized to provide goods and services pursuant to section
817.62, Florida Statutes (1993), without violating double jeopardy prohibitions....
...or benefit from the property, or (b) appropriate the property to his own use or to the use of any person not entitled thereto. (3) Grand theft, a felony of the third degree if the property stolen is valued at $300 or more, but less than $20,000. See § 812.014, Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2000 WL 192466
...We find that in this case, the exception to the law of the case rule should be applied. When the trial court and this court rejected Wilson's previous motions, both courts relied on Gayman v. State,
616 So.2d 17 (Fla.1993), without recognizing that subsection
812.014(2)(d), Florida Statutes (1991), the statute applied in Gayman, had been amended. Prior to 1992, subsection
812.014(2)(d) provided that sentencing for felony petit theft was required under section
775.082 (general criminal penalties), section
775.083 (criminal fines) or section
775.084 (habitual offenders)....
...rds or reference to a statute, the general rule of construction is to presume that the legislature intended the statute to have a different meaning. The court concluded that by eliminating the reference to the habitual offender statute when amending section 812.014, the legislature clearly intended to eliminate that sentencing option for felony petit theft....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 20043, 2004 WL 3000947
...version or theft will relieve an owner of responsibility for the negligence of one to whom the owner has granted consent to operate the vehicle." Hertz,
617 So.2d at 1053 (citing Susco Car Rental System v. Leonard,
112 So.2d 832, 835-36 (Fla.1959)). Section
812.014(1), Florida Statutes explains that a theft occurs when a person "knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property. (b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property." §
812.014(1), Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1991 WL 150425
...tes (1987), and the sentence imposed on these burglary counts falls within the statutory maximum incarceration period of fifteen years. Arena v. State,
382 So.2d 407 (Fla. 4th DCA 1980). However, the two grand theft counts are third degree felonies, section
812.014, Florida Statutes (1987), as amended by Supp....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 12384, 2010 WL 3326161
...State,
940 So.2d 585, 586 (Fla. 1st DCA 2006); Parrish v. State,
736 So.2d 752, 753 (Fla. 2d DCA 1999); J.C.B. v. State,
512 So.2d 1073, 1076 (Fla. 1st DCA 1987). Accordingly, second-degree petit theft, as alleged here a misdemeanor of the second degree, §
812.014(3)(a), Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...1978); Fisk v. State,
138 Fla. 815,
190 So. 10 (1939); R.A.L. v. State,
402 So.2d 1337 (Fla. 3d DCA 1981); A.R. v. State,
393 So.2d 1174 (Fla. 3d DCA 1981). Defendant's unrefuted explanation that he borrowed the bicycle from a friend precluded conviction under section
812.014, Florida Statutes (1979)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...Odom, Legal Intern, West Palm Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee, and James P. McLane, Asst. Atty. Gen., West Palm Beach, for appellee. DELL, Judge. Donald P. Chamberland appeals his conviction for possession of a stolen air conditioner under Section 812.014(1)(b), Florida Statutes (1981)....
...The air conditioner weighed in excess of 100 pounds, and the officer could not carry it alone. Appellant contends the State presented insufficient evidence to show that he had guilty knowledge of the stolen character of the air conditioner. To secure a conviction under Section 812.014(1)(b), the State must show that appellant "knowingly obtain[ed] or use[d] ......
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1996 WL 501435
...or to use the property of another (2) with the intent to temporarily or permanently: (a) deprive the other of a right to or benefit from the property, or (b) appropriate the property to one's own use or to the use of any person not entitled thereto. § 812.014(1), Fla. Stat. (1993). A theft is deemed to be petit theft unless the value of the affected property exceeds $300. § 812.014(2)(d)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1991 WL 181928
...Petitioner contends that the offenses occurred on October 13, 1983 and May 4, 1984, the dates he received the loans. The state does not contest this, but argues that the offenses continued until July 18, 1984, the date petitioner defaulted on the loans. It contends that section
812.014, Florida Statutes, as amended in 1987, is a continuing offense statute, a position with which we disagree. See Toussie v. United States,
397 U.S. 112,
90 S.Ct. 858,
25 L.Ed.2d 156 (1970). A reading of section
812.014, Florida Statutes (1987), does not suggest that the legislature intended grand theft to be a continuing offense....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1993 WL 341119
...2d DCA 1991), and procedurally barred. Brooks v. State,
605 So.2d 522 (Fla. 4th DCA 1992); Bayer v. State,
597 So.2d 870 (Fla. 5th DCA 1992). Moore's other claims are without merit. SENTENCE AFFIRMED; RESTITUTION REVERSED. HARRIS, C.J., and GOSHORN, J., concur. NOTES [1] §
812.014(1), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 2098
...Mischler,
488 So.2d 523 (Fla. 1986). What is not made clear in Mischler is whether breach of trust is to be considered an inherent component of any form of theft because of the combination of the various types of theft, including embezzlement, into the Omnibus Theft Statute, section
812.014....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2000 WL 1513771
...possession of cocaine. Appellant was not charged with possession of cocaine, but of paraphernalia and the evidence here was sufficient to sustain that conviction. AFFIRMED in part; REVERSED in part. THOMPSON, C.J., and GRIFFIN, J., concur. NOTES [1] § 812.014(3)(c), Fla....
CopyCited 5 times | Published | United States Bankruptcy Court, S.D. Florida. | 17 Fla. L. Weekly Fed. B 107, 2003 Bankr. LEXIS 1937, 42 Bankr. Ct. Dec. (CRR) 176
...Lennar Florida Holdings, Inc.,
645 So.2d 490 (Fla.Dist.Ct.App.1994). As to Dominick Seminara, the Court finds that the plaintiff has met his burden as to these elements. The plaintiff also alleges that the defendants are guilty of civil theft under Fla. Stat. §
812.014. Section
812.014 provides that a person commits the crime of "theft" if he or she knowingly obtains or uses the property of another with intent to deprive the other person of a right to the property or appropriate it to his or her own use. If the plaintiff is able to demonstrate conduct which rises to the level of civil theft under §
812.014, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1992 WL 338533
...Accordingly, the judgment and sentence are reversed with instructions to enter a judgment for petit theft and to resentence defendant accordingly. Dumervil v. State,
603 So.2d 20 (Fla. 3d DCA 1992). REVERSED and REMANDED. W. SHARP, and PETERSON, JJ., concur. NOTES [1] §
812.014(2)(c)(1), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2004 WL 2623941
...convictions, and remand for resentencing. AFFIRMED IN PART; REVERSED IN PART; REMANDED. SAWAYA, C.J., SHARP, W., GRIFFIN, THOMPSON, PLEUS, PALMER, ORFINGER, MONACO and TORPY, JJ., concur. NOTES [1] §§
810.02(1),(3);
810.07, Fla. Stat. (2002). [2] §
812.014(1),(2)(c), Fla. Stat. (2002). [3] §
812.014(1),(2)(c), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...Public Defender, Daytona Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, for appellee. FRANK D. UPCHURCH, Judge. Appellant, James Elbert Faison, was found guilty of two counts of grand theft under section 812.014, Florida Statutes (1977)....
...n Wendland, the daughter of a woman he had befriended. He had obtained $1,350.00 from her but had failed to deliver the car or return the money. Both the promise and other transactions occurred in August and September of 1977, but the theft statute (section 812.014) did not become effective until October 1, 1977....
...ntended by its omission of the word "unlawful" to eliminate specific criminal intent as an element of this offense. At best, the deletion of that term signifies a return to the state of the law existing before 1975, when the immediate predecessor to Section 812.014(1) took effect....
...NOTES [1] A person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent: (a) To deprive the other person of a right to the property or a benefit therefrom. (b) To appropriate the property to his own use or to the use of any person not entitled thereto. § 812.014, Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 2005 WL 3072036
...r correctness or applicability. The instruction as set forth in the appendix shall be effective when this opinion becomes final. It is so ordered. PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur. APPENDIX 14.1 THEFT § 812.014, Fla....
...Definitions; give if applicable §
812.012(1), Fla. Stat. "Cargo" means partial or entire shipments, containers, or cartons of property which are contained in or on a trailer, motortruck, aircraft, vessel, warehouse, freight station, freight consolidation facility, or air navigation facility. §
812.014(2)(b)3, Fla....
...n the service capability of the facility. §
395.002(17), Fla. Stat. "Licensed facility" means a hospital, ambulatory surgical center, or mobile surgical facility licensed by the Florida Agency for Health Care Administration. See Ch. 395, Fla. Stat. §
812.014(2)(b)3, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2621
...Gen., Bradford L. Thomas, Asst. Atty. Gen., Tallahassee, for appellee. SMITH, Chief Judge. Appellant, who had two previous grand theft convictions, was arrested for retail theft after shoplifting a pair of $10.00 sunglasses from Albertson's. Relying on section 812.014(2)(c), Florida Statutes (1985), the state charged appellant with felony petit theft....
...Appellant entered a plea of no contest, specifically reserving the right to *395 appeal the jurisdiction of the court over a charge of felony petit theft where the two underlying prior thefts were grand thefts rather than petit thefts. He was sentenced to thirty months in prison. We reverse. Section 812.014(2)(c) provides that upon a third or subsequent conviction for petit theft, an offender shall be guilty of a felony of the third degree....
...ant had two prior grand thefts, it is to be presumed it would have said so. Further, we do not agree that reclassification of misdemeanor petit theft to felony petit theft only after a third or subsequent conviction of petit theft as provided for in section 812.014(2)(c) makes no sense or leads to absurd results. Obviously, by enacting section 812.014(2)(c), the Legislature intended that repeat petit theft offenders would be treated more severely....
...he greater punishment for his prior grand theft or grand thefts. In such cases, one is not dealing with a repeat petit theft offender who will manage to escape more serious consequences for his repeated acts of criminality, but for the provisions of section 812.014(2)(c), since presumably, those defendants previously convicted of the more severe crime of grand theft would have already been punished more severely therefor....
...e first degree misdemeanor, the existence of the prior felony offense permitted the defendant to be sentenced as an habitual offender. Ezell involved the habitual offender statute, an enhancement statute, whereas this case and the Hall case involved section 812.014(2)(c), a reclassification statute....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1989 WL 55298
...A child may be committed to HRS for an indeterminate period of time not to exceed the maximum term of imprisonment an adult may serve for the same offense. § 39.11(4), Fla. Stat. (Supp. 1986), Id. The petition filed against the appellant charged him with having committed second degree misdemeanor petit theft, § 812.014(2)(c), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2009 WL 1393347
...argues that given the lack of evidence as to the cell phone's value, the trial court erred in finding that it was worth in excess of $100, and therefore, he can be adjudicated delinquent of no more than a second degree petit theft. We agree. Under section 812.014(2)(e), Florida Statutes (2007), to establish the commission of a first degree petit theft, the State was required to prove that the stolen property's value exceeded $100....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 706
...Public Defender, Bartow, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee and Kim W. Munch, Asst. Atty. Gen., Tampa, for appellee. RYDER, Acting Chief Judge. Duncan appeals from his conviction and sentence for petit theft in violation of section
812.014(2)(b) Florida Statutes (1985), and his conviction and sentence for dealing in stolen property in violation of section
812.019(1) Florida Statutes (1985)....
...nvolve only one scheme or course of conduct. W.J. v. State,
485 So.2d 22 (Fla. 5th DCA 1986); Repetti v. State,
456 So.2d 1299 (Fla. 2d DCA 1984); Victory v. State,
422 So.2d 67 (Fla. 2d DCA 1982). Duncan was charged with petit theft in violation of section
812.014(2)(b) and with dealing in stolen property in violation of section
812.019(1)....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1991 WL 41011
...Becker, Asst. Public Defender, Daytona Beach, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellee. *932 DIAMANTIS, Judge. Defendant pled guilty to grand theft of a motor vehicle, section
812.014, Florida Statutes (1989), and nolo contendere to robbery with a firearm, section
812.13(2)(a), Florida Statutes (1989)....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1998 WL 135119
...Accordingly, we quash the less serious felony (grand theft) and affirm the more serious offense (armed robbery) and remand for resentencing. AFFIRMED in part; REVERSED in part; REMANDED for Resentencing. COBB and HARRIS, JJ., concur. NOTES [1] §
812.13, Fla. Stat. (1995). [2] §
812.014, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2003 WL 1037885
...t if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with the intent to, either temporarily or permanently: (a) Deprive the other person of the right to the property or a benefit from the property ...." § 812.014(1)(a), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1998 WL 281293
...PATTERSON, Acting Chief Judge. Jose Vasquez appeals from his judgment and sentence for grand theft and obtaining a vehicle with intent to defraud. We reverse and remand for a new trial. The State charged Vasquez with committing grand theft, in violation of section
812.014, Florida Statutes (1993), and obtaining a vehicle with intent to defraud, in violation of section
817.52, Florida Statutes (1993)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1790873
...We agree that the testimony was insufficient to meet the State's burden of proof and, therefore, reverse and remand for the trial court to reduce the grand theft to petit theft. An essential element of third-degree grand theft is proof that the value of the stolen property is $300 or more at the time of the theft. § 812.014(2)(c)(1), Fla....
CopyCited 5 times | Published | District Court, M.D. Florida | 1991 U.S. Dist. LEXIS 11357, 1991 WL 155479
...Landmark First National Bank of Fort Lauderdale,
498 So.2d 1001 (Fla. 4th DCA 1986). In conclusion, this Court denies Uiterwyk's objection to Navid's proof of claim and grants Navid's proof of claim for conversion in the amount of $383,418.72. CIVIL THEFT According to Florida Statutes, section
812.014(1), "[a] person is guilty of theft if he knowingly obtains . . . the property of another with the intent to . . . [d]eprive the other person of a right to the property. . . . or [a]ppropriate the property to his own use. . . ." Unlike an action for conversion, theft under section
812.014 requires *597 that the act be accomplished with a "mens rea or, a guilty mind containing a criminal intent to steal"....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1996 WL 382293
...ion for grand theft because he believed his home improvement license allowed him to supervise home construction and because he partially performed under the contract. We disagree. Felonious intent is an essential element of the crime of grand theft. § 812.014(1), Fla.Stat....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1994 WL 287819
...We realize that the purpose of Rule 9.200(b)(2) is to save money for litigants, but we believe that a certified transcript ensures a complete and accurate record in a criminal appeal. AFFIRMED. DAUKSCH and W. SHARP, JJ., concur. NOTES [1] §
831.02, Fla. Stat. (1991). [2] §
401.41(2), Fla. Stat. (1991). [3] §
812.014(2)(c)(1), Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 1996 WL 15525
charged with theft of electricity in violation of section
812.14, Florida Statutes (1991), as a result of the
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2006 WL 69294
...Freeland, Assistant Attorney General, Tampa, for Appellee. *1057 DAVIS, Judge. Orlando Mitchell challenges his conviction and sentence for first-degree petit theft, arguing that the State failed to establish the value of the items taken. We agree and reverse. Pursuant to section 812.014(2)(e), Florida Statutes (2003), the State was required to prove that the value of the property taken by Mitchell was more than $100 but less than $300....
...or age of the items at the time they were stolen or as to any depreciation in value since their purchase. See Taylor,
425 So.2d at 1193. As such, we reverse and remand for entry of a conviction and sentence for petit theft in the second degree. See §
812.014(3)(a)....
CopyCited 5 times | Published | District Court, S.D. Florida | 1986 U.S. Dist. LEXIS 28700
...injury" consisted of the jury's findings in the special verdict interrogatories and the subsequent final judgment from the prior district court proceedings. In that case, the jury found Mr. and Mrs. Latch guilty of theft as defined in Fla.Stat.Ann. § 812.014 and awarded treble damages pursuant to Fla.Stat.Ann....
...Appellant contends that the treble damage award is conclusive proof of the "willful and malicious injury" element. This award was based on the jury's finding that Mr. and Mrs. Latch had violated Florida's theft statute. See 22A Fla.Stat.Ann. §§ 812.104,
812.035. Section
812.014 reads in pertinent part: (1) A person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or uses, or endeavors to obtain or to use, the property of another with intent to either temporarily or permanently: (a) deprive the other person of a right to the property or a benefit therefrom....
...thereto. The fact that neither Kenneth nor Helen Latch directly exercised dominion over the funds is not conclusive, because the statute also prohibits appropriation of the property to the use of any person not entitled to it. See 22A Fla.Stat.Ann. § 812.014....
CopyCited 5 times | Published | Supreme Court of Florida | 1993 WL 46637
...They later were charged with third-degree grand theft, but entered a plea agreement for petit theft. The agreement expressly left "[r]estitution to be determined by court." Under Florida law, petit theft constitutes theft of property with a value less than $300.00. § 812.014(2)(d), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2000 WL 201440
...of force, violence, assault or putting in fear. (Emphasis added). The elements of Florida's robbery statute are clearly not the same as Georgia's "theft by taking" statute. Florida's theft statute is analogous to Georgia's "theft by taking" statute. Section 812.014, Florida Statutes (1999), provides: (1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property....
...rty which was the subject of the theft exceeded $500.00 in value, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor. GA. CODE ANN. § 16-8-12 (1993). In Florida, for example, section 812.014(2)(c), Florida Statute (1999), provides that: (c) It is grand theft of the third degree and a felony of the third degree ......
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1996 WL 65669
...The state appeals the trial court's order which denied its request for the imposition of restitution against the appellee, Sandra K. Hiscox. We reverse. Pursuant to a plea bargain, the appellee pled no contest to a charge of grand theft, in violation of section 812.014, Florida Statutes (1993)....
CopyCited 5 times | Published | Supreme Court of Florida | 2013 WL 535407
Ch.2011-141, § 22, Laws of Fla. (creating section
812.014(2)(c)13, Florida Statutes (2012)). As proposed
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...Petitioner, in his petition for habeas corpus, contends he is being illegally incarcerated in that he has been sentenced and is serving a sentence for a crime of which he was never charged or convicted. Petitioner has been sentenced to five years in the State penitentiary, pursuant to Section 812.014(2)(c), Florida Statutes (1980), for felony petit theft....
...At trial on the robbery charge, the petitioner requested a jury charge on the lesser included offense of petit theft. He was convicted of petit theft. In all, three sentencing hearings were held. At the second hearing, the State announced its intention to seek enhancement of his conviction for petit theft, pursuant to Section 812.014(2)(c), Florida Statutes (1980), enhancing the crime to a felony in the third degree....
...The supreme court held it was not and that upon the third conviction for petit larceny the trial court would determine the historical fact of prior convictions and questions regarding identity following the procedures employed under Section
775.084, Florida Statutes. Clearly, in enacting Section
812.014(2)(c), Florida Statutes (1980) and its predecessor, Section 812.021(3), Florida Statutes (1977), the Legislature intended that a three-time offender of the petit theft statute should have his sentence enhanced to that of felony petit larceny and that he should be sentenced therefor....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1993 WL 535981
...Accordingly, we reverse and remand this cause for entry of a restitution order totaling $445.61. [2] The trial court also should award interest at the rate of twelve percent per annum from May 1, 1992. See Ebaugh v. State,
623 So.2d 844 (Fla. 5th DCA 1993). REVERSED and REMANDED. DAUKSCH and COBB, JJ., concur. NOTES [1] §
812.014(1), 2(c), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1987 WL 2888
...The state has appealed the judgment and sentence entered on the petit theft conviction. We find that the trial court erred in denying the state's motion to find Crocker, who allegedly had two prior theft convictions, guilty of a felony of the third degree pursuant to section
812.014(2)(c), Florida Statutes (1985), and to sentence him accordingly. We, therefore, reverse. Crocker was charged by information with resisting an officer without violence in violation of section
843.02, Florida Statutes (1985), and with grand theft in violation of section
812.014, Florida Statutes (1985). The jury found Crocker guilty of resisting an officer without violence and petit theft. Prior to sentencing, the state moved to have Crocker sentenced for felony petit theft pursuant to section
812.014(2)(c) and sought to produce evidence that Crocker had previously been adjudicated guilty of both grand and petit theft....
...3d DCA 1981), that if such a procedure were required, the state would have to charge the crime of felony petit theft, in the alternative, in every case that a jury could find the defendant guilty of petit theft as a lesser included offense of the crime actually charged. Section 812.014(2)(c) provides in part that "[u]pon a third or subsequent conviction for petit theft, the offender shall be guilty of a felony of the third degree...." Although felony petit theft is a substantive offense and it is necessary to prove...
...Although Crocker was not charged with felony petit theft in this case, upon his *34 conviction of petit theft as a lesser included offense of grand theft, the state should have been permitted to establish that he was guilty of felony petit theft pursuant to section 812.014(2)(c)....
...e the right to dictate the procedure to be employed in implementing it. In this case, after Crocker was found guilty of petit theft and prior to sentencing, the state announced its intention to have him sentenced in accordance with the provisions of section 812.014(2)(c)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1995 WL 733378
...SHAHOOD, Judge. Appellant, Patricia Taccariello, appeals a guidelines departure sentence imposed after guilty pleas in each of two consolidated cases. We reverse and remand. In each case, appellant pled guilty to grand theft in violation of sections
812.014(1), (2)(b) and (c), Florida Statutes, organized scheme to defraud in violation of section
817.034(4)(a)(2), Florida Statutes, and exploitation of the elderly in violation of section
415.111(5), Florida Statutes (1991)....
...of grand theft. Our supreme court reasoned as follows: The trial court cited the fiduciary relationship between Mischler and her employer as a clear and convincing reason to justify departure. Mischler was charged and convicted of grand theft under section 812.014, Florida Statutes (1981), the omnibus theft statute, which incorporates into its terms the former separate offense of embezzlement....
...o theft it would have placed embezzlement in a different category than theft for purposes of establishing a score under the sentencing guidelines. Mischler,
488 So.2d at 525-26. Because defendant in this case was convicted of grand theft pursuant to section
812.014(1), (2)(c), similar to the defendant in Mischler, the position of trust which she held with the victims would not justify departure since it is an inherent component of that crime....
CopyCited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 611, 2013 WL 4555655, 2013 Fla. LEXIS 1863
person not entitled to the use of the property. §
812.014, Fla. Stat. (2009). Thefts are *542divided into
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1999 WL 641445
...The statement was the only evidence corroborating Buchanan's claim offered by someone other than Buchanan or his codefendant. Reversed and remanded for further proceedings consistent herewith. CAMPBELL, A.C.J., and GREEN, J., Concur. NOTES [1] §
810.02, Fla. Stat. (1997). [2] §
812.014, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 478317
...We reverse and remand for attachment of record or an evidentiary hearing. On January 22, 1993, Goswick was convicted of one count of second degree murder, in violation of section
782.04, Florida Statutes, one count of grand theft auto, in violation of section
812.014(2)(c)(4), Florida Statutes, and one count of petit theft, in violation of section
812.014(2)(d), Florida Statutes....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1991 WL 44970
...See Scarpillo v. State,
576 So.2d 377 (Fla. 4th DCA 1991). A comparison of the statutory elements of armed robbery and grand theft reveal that each requires an element that the other does not, suggesting that the legislature intended dual convictions. See §
812.014, Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2001 WL 427616
...We reverse Owens's robbery conviction and remand with directions to reduce his conviction to theft and to resentence him. The information charged that the value of the victim's purse was less than $300. Therefore, Owens's conviction must be for a crime specified in section 812.014(3), Florida Statutes (1997)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1990 WL 49857
...The loss was found to result from a theft, separate and distinct from any contractual dispute. Little distinguishes this case from others recognizing a right to treble damages for embezzlement or similar allegations that could form a basis for a criminal theft charge under Florida Statutes Section 812.014....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...[2] Brumlik was found to "knowingly obtain or use or endeavor to obtain or use the property of the Plaintiff in the form of cash in the sum of $17,379 with the intent to permanently deprive the Plaintiff of its right to said property ... as prohibited by Florida Statute
812.014," [3] and "that pursuant to Florida Statute
812.035 Plaintiff is entitled to recover threefold the actual damages which is $17,379.00, attorneys fees and costs of this litigation"....
...Therefore we direct the trial court to enter a new summary judgment for the plaintiff, against American, in the amount *385 of $17,379, plus interest cost and attorney's fees [7] and dismiss the action against Brumlik. Affirmed in part, reversed in part with directions. NOTES [1] 812.014 Theft....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1997 WL 180210
...In 1992, the Florida legislature amended the felony petit theft statute to provide that a person "who commits petit theft and who has previously been convicted two or more times of any theft commits a felony of the third degree, punishable as provided in s.
775.082 or s.
775.083." §
812.014(2)(d), Fla....
...(1993) (emphasis added). Under the pre-1992 statute, a person who was convicted of petit theft "[u]pon a third or subsequent conviction for petit theft" was "guilty of a felony of the third degree, punishable as provided in ss.
775.082,
775.083, and
775.084." §
812.014(2)(d) (1991) (emphasis added)....
CopyCited 4 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 522
...with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his will, shall be guilty of a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. [2] §
812.014(1), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 1941
...GUNTHER, Judge. Robert M. Coyle appeals his judgment of conviction and sentence and contends that the trial court erred in denying his motion for judgment of acquittal. We reverse. Appellant was convicted of theft of Harold Houser's vehicle pursuant to section 812.014(2)(b), Florida Statutes (1983)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1996 WL 577279
...nor petit theft and by imposing a court cost that exceeds the amount authorized by statute. Therefore, we reverse and remand. The state filed a one count information charging Lewellen with grand theft of a motor vehicle, a third degree felony, under section 812.014(2)(c), Florida Statutes (1993)....
...ed a first degree misdemeanor sentence. See §
775.082(4)(a), Fla.Stat. (1993). The state concedes that the information did not refer to any prior theft convictions as required to elevate the petit theft conviction to a first degree misdemeanor. See §
812.014(3)(b)....
...In Valladares,
658 So.2d 626, the defendant was convicted of the non-existent crime of attempted felony murder. In O'Brian,
649 So.2d 336, the defendant was convicted of the nonexistent crime of attempted manslaughter by culpable negligence. Here, the jury found Lewellen guilty of petit theft, which is a crime. See §
812.014(3)....
...Thus, Lewellen's contention that he was convicted of a non-existent crime is wrong. However, a potential problem does exist in this case because, as Lewellen correctly asserts on appeal, petit theft is not a lesser included offense to the charge of grand theft of a motor vehicle. Section 812.014(3)(a) defines petit theft as "[t]heft of any property not specified in subsection (2)." Theft of a motor vehicle is specified in subsection (2) and classified as grand theft of the third degree, a third degree felony....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3170113
...Walter from challenging the circumstances of the second interview, which were not fully developed during the suppression hearing. Reversed and remanded. WALLACE and LaROSE, JJ., concur. NOTES [1] See §
817.568(2)(a), Fla. Stat. (2002). [2] See §
831.07, Fla. Stat. (2002). [3] See §
812.014(2)(c), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1995 WL 653546
...§
810.02(2)(b), Fla. Stat. (1993). Conviction for grand theft, governed by a completely different statute, requires proof that a perpetrator knowingly obtained the property of another with the intent to either temporarily or permanently deprive the owner of its use. §
812.014(2)(a)-(c), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2002 WL 31465713
...indicated that upon entering the car, he suspected that it had been stolen because of the broken steering column. The record revealed that the driver stole the car and retained absolute control over it until his arrest. Id. The supreme court noted that the omnibus theft statute, section 812.014, requires a finding of specific intent to either (a) "deprive" the other person of a right to the property or a benefit therefrom or (b) "appropriate" the property to his own use or to the use of any person not entitled thereto....
...s insufficient proof of the specific criminal intent required by statute." Id. The court held that "mere presence as an after-acquired passenger in a vehicle, with knowledge that it has been stolen, is insufficient to convict a person of theft under section 812.014." Id....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1998 WL 796203
...PER CURIAM. We withdraw our previous opinion and substitute this opinion. Appellant contends that his conviction for felony petit theft was not subject to enhancement under the habitual felony offender statute because the legislature, in 1992, amended section 812.014, Florida Statutes, to eliminate habitual felony offender sentencing for felony petit theft....
...l "by definition" when it "patently fails to comport with statutory or constitutional limitations." Applying Mancino to the direct appeal of a criminal conviction, Nelson found that a sentence which fails to comport with the statutory limitations of section 812.014 is remediable as fundamental error....
CopyCited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 12 Fla. L. Weekly Fed. B 247, 1999 Bankr. LEXIS 801, 1999 WL 493259
...974, 977,
140 L.Ed.2d 90 (1998). The evidence before the Court and the issues previously litigated in state court do not meet the requirements to except this debt under Section 523(a)(6). However, the state court findings of liability under Florida Statutes §
812.014 and §
772.11 satisfy the requirements of Section 523(a)(4)....
...[2] The Final Judgment mistakenly cites Florida Statutes §
812.14 titled "Trespass and larceny with relation to utility cable or cable television fixtures." This Court deems the state court final judgment as intending the correct cite to be Florida Statutes §
812.014 titled "Theft."
CopyCited 4 times | Published | Supreme Court of Florida | 1997 WL 251065
...coverage. After First City sent Stevens a default letter, it located the car at the repair shop and repossessed the car upon repair. Stevens was charged by information with grand theft of an automobile and grand theft of money for the second check. § 812.014(2)(c)(1), (4), Fla....
...enied. The jury returned a verdict of guilty on that charge. In a posttrial motion for judgment of acquittal, Stevens claimed that the motion should be granted because the State failed to prove that the creditor had complied with the requirements of section 812.014(3), Florida Statutes (1991), [1] under which there is no violation of the theft statute when there is a lease for one year or longer unless a written demand for the property is made....
...The trial court denied the motion, finding sufficient evidence presented for the jury to conclude that Stevens possessed the requisite intent. On appeal, the First District Court of Appeal reversed the conviction. Stevens v. State,
680 So.2d 569 (Fla. 1st DCA 1996). The court found that section
812.014(3), Florida Statutes, sets forth a matter in avoidance which was established by the evidence that Stevens failed to comply with the terms of a multi-year lease....
...rule. Accordingly, we answer the certified question in the affirmative and approve the decision of the district court below. [4] It is so ordered. KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING and ANSTEAD, JJ., concur. NOTES [1] Subdivision (3) of section 812.014(3), Florida Statutes ("Theft") provides: (3) Failure to comply with the terms of a lease when the lease is for a term of 1 year or longer shall not constitute a violation of this section unless demand for the return of the property le...
...ved by the lessee, whether such demand shall be returned undelivered or not. [2] As well, the district court found that the inclusion of a purchase option in the lease contract did not change the nature of the contract for purposes of the defense in section 812.014(3), Florida Statutes....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2001 WL 497311
...We affirm Echevarria's judgment and sentence but strike the portion of the sentence which directs him to comply with the Orange County Collections Court Program. *1238 Judgment and Sentence AFFIRMED as modified. PETERSON and SAWAYA, JJ., concur. NOTES [1] § 812.014(2)(c)6., Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1997 WL 90827
...to whom the statute applies. [2] The court *1161 relied on State v. Watts,
462 So.2d 813 (Fla. 1985). Watts, in turn, simply followed the court's earlier decision in Grappin v. State,
450 So.2d 480 (Fla.1984). In Grappin the court considered whether section
812.014(2)(b) unambiguously permitted five separate convictions for stealing five firearms during a single burglary....
...In this statute, the legislature has defined the crime of second degree grand theft by describing the property stolen. [3] The court held that the statute permitted multiple convictions, saying: "[w]e find that the use of the article `a' in reference to `a firearm' in section
812.014(2)(b)3 clearly shows that the legislature intended to make each firearm a separate unit of prosecution."
450 So.2d at 482....
...under the theft statute as to each firearm taken.... We reasoned that Grappin may be charged in a five-count information with five thefts because the article `a' prefaced firearm. We noted that the use of the article `a' in reference to `firearm' in section 812.014(2)(b)3 clearly shows that the legislature intended to make each firearm a separate unit of prosecution....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 3806
violation of the third-degree grand theft statute, §
812.014(2)(c)l., Fla. Stat. (2008), the State must prove
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2010 WL 1050005
...al on the offense of grand theft in the third degree. A.D. contends that the State failed to establish that the market value of the items stolen was more than $300. We agree. In order to establish a violation of the third-degree grand theft statute, § 812.014(2)(c)1., Fla....
CopyCited 4 times | Published | Supreme Court of Florida | 1997 WL 109655
...For this criminal episode, Johnson was convicted of aggravated assault, armed trespass, and grand theft of a firearm. Johnson appealed, claiming that his convictions for both armed trespass under section
810.08, Florida Statutes (1993), and grand theft of a firearm under section
812.014, Florida Statutes (1993), violated his constitutional right not to be placed in double jeopardy....
...] person commits theft if he knowingly obtains and uses, or endeavors to obtain or use, the property of another with intent to, either temporarily or permanently: (a) [d]eprive the other person of a right to the property or a benefit therefrom." Id. § 812.014(1)(a)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 1270
...Sparber, Shevin, Shapo, Heilbronner & Book, P.A., and Nancy Schleifer, Miami, for appellee. Before HENDRY, NESBITT, and JORGENSON, JJ. PER CURIAM. We agree with the appellee that the trial court properly entered a final summary judgment upon a holding that there is no evidence which would establish criminal intent under section
812.014(1), Florida Statutes (1983), in order to support this civil theft action under section
812.035(7), Florida Statutes (1983)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...erefore remand for resentencing. Appellant was originally charged by five separate informations with nine counts of uttering a forged instrument in violation of section
831.02, Florida Statutes (1983), and eight counts of grand theft in violation of section
812.014(2)(b), Florida Statutes (1983)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1996 WL 324661
...We find this fulfills the jurisdictional requirements for the statewide prosecutor. AFFIRMED in part; REVERSED in part and REMANDED. PETERSON, C.J., and COBB, J., concur. NOTES [1] §
895.03(3), Fla.Stat. [2] §
895.03(4), Fla.Stat. [3] § 817.036, Fla.Stat. [4] §
812.014(2), Fla.Stat....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...The van contained *1242 broken glass, women's clothing, school books, and two purses. Neither I.T. nor J.J. made any incriminating statements to the police. The state filed delinquency petitions against both I.T. and J.J., each alleging the offense of grand theft auto. See § 812.014(2)(c), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2000 WL 1033058
...have been at least twice before convicted of petit theft, is guilty of a felony and the punishment may be further enhanced by a habitual felony offender statute where appropriate. It is our determination to analogize the felony petit theft statute, section
812.014(3)(c), with section
775.084 because a similar procedure is used in classifying and sentencing the felony petit theft defendant as is used in classifying and sentencing the repeat offender sentenced pursuant to section
775.084....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2001 WL 830533
...*1190 Maury Halperin, Fort Lauderdale, for appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Douglas J. Glaid, Assistant Attorney General, Fort Lauderdale, for appellee. KLEIN, J. After pleading no contest, appellant was convicted of third degree grand theft, defined in section
812.014(2)(c), Florida Statutes (1997) and exploitation of an elderly person, defined in section
825.103(1)(a) and (b), Florida Statutes (1997)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1996 WL 410726
...violation of section
895.03, Florida Statutes (1993); ten counts of the offense of conduct of financial transaction involving proceeds of unlawful activity, in violation of section
896.101(2); four counts of first degree grand theft, in violation of section
812.014(2)(a), Florida Statutes (1993); six counts of second degree grand theft, in violation of section
812.014(2)(b), Florida Statutes (1993); and three counts of third degree grand theft, in violation of section
812.014(2)(c), Florida Statutes (1993)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 11409, 2011 WL 2936748
...ce on which of the two boxes the jury should leave empty. This lack of any criteria for the jury's determination is very problematic. In many cases, grand theft is a third-degree felony and dealing in stolen property is a second-degree felony. See §§ 812.014(2)(c), .019(1). Obviously, grand theft can be a greater felony depending upon the value of the stolen property. See § 812.014(2)(a)-(b)....
...AL COURT TO SELECT THE GREATER OFFENSE OR THE LESSER OFFENSE WHEN THE TWO OFFENSES ARE OFFENSES OF DIFFERENT DEGREES OR OF DIFFERENT SEVERITY RANKING? Affirmed. KELLY and LaROSE, JJ., Concur. NOTES [1] See §
810.02(3)(b), Fla. Stat. (2008). [2] See §
812.014(2)(c)(1), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1990 WL 98483
...Accordingly, we reverse the consecutive probationary periods imposed in this case, and remand for imposition of concurrent periods of probation. In all other respects, the judgment and sentences are affirmed. BOOTH and BARFIELD, JJ., concur. NOTES [1] In Case No. 86-5011, appellant pled nolo contendere to a violation of § 812.014(2)(b), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 535, 2012 WL 129846
...However, Carter correctly contends that the State did not present sufficient evidence of the value of the stolen property to sustain a conviction for grand theft. To prove third-degree grand theft, the State must prove that the stolen property was "valued" at $300 or more but less than $5000. § 812.014(2)(c)(1), Fla....
...(2009) (providing that when the evidence does not prove the offense for which the defendant was found guilty but does establish guilt of a lesser offense, "the appellate court shall reverse the judgment and direct the trial court to enter judgment for the lesser . . . offense"); [2] see also § 812.014(3)(a) (providing that when the State proves the theft of property "not specified in subsection (2)," the State proves the offense of petit theft); Jones v....
...2d DCA 2007) (reducing defendant's conviction from grand theft to petit theft when the State failed to prove the value of the items stolen). Affirmed in part, reversed in part, and remanded for further proceedings. DAVIS and CRENSHAW, JJ., Concur. NOTES [1] While it appears that the State could have charged Carter under section 812.014(2)(d), which defines third-degree grand theft to include theft from a dwelling of property valued at $100 or more, the State did not do so in this case....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2003 WL 124391
...Thus, the issue was whether the trailer's value had been reduced below the grand theft threshold. An essential element of the crime of grand theft in the third degree is proof that the value of the property stolen is three hundred dollars or more. § 812.014(2)(c), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2007 WL 419327
...We affirm in part and reverse in part. Prior to trial, Mr. Gonzalez filed a motion to declare sections
812.019(1) and
812.012(8), Florida Statutes (2001), unconstitutional, or, alternatively, to refashion section
812.019(1) in degrees in accordance with section
812.014, Florida Statutes *893 (2001)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2005 WL 293021
...e act, (3) resulting in temporarily or permanently depriving any person *481 of the right to property or a benefit therefrom, or appropriating the property to one's own use or to the use of another person not entitled thereto. The elements of theft, section 812.014, are (1) knowingly (2) obtaining or using, or endeavoring to obtain or use, property of another (3) with intent to deprive the person of a right to the property or a benefit therefrom, or to appropriate the property to one's own use or to the use of any person not entitled thereto....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1988 WL 8102
...Accord Hoefert v. State,
509 So.2d 1090 (Fla. 2d DCA 1987). We certify the same question framed in Condiles to the supreme court. Affirmed. NOTES [1] At the time of the crime, the petty theft-grand theft breaking point was $100. It has since been raised to $300. §
812.014(2)(b), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1995 WL 46412
...HFC discovered that the information on the application was false and contacted the police. The police suggested issuing the check to lure the defendant to appear. Defendant was arrested exiting HFC with the check. Defendant was charged with grand theft in violation of section
812.014, Florida Statutes (1991) (Count I), and with obtaining a mortgage by false representation in violation of section
817.54, Florida Statutes (1991) (Count II)....
...United States,
284 U.S. 299,
52 S.Ct. 180,
76 L.Ed. 306 (1932); see §
775.021(4), Fla. Stat. (1991); Saldana v. State,
634 So.2d 201 (Fla. 3d DCA 1994). The offense charged in Count I, grand theft, requires proof of defendant's intent to deprive the owner of property, §
812.014(1), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 528
...Public Defender, Daytona Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee. *855 COWART, Judge. Appellant pled guilty to burglay of a dwelling (§
810.02(3), Fla. Stat. (1983)) and grand theft of a motor vehicle (§
812.014, Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...e conceded that someone else was the one who took the firearms from the owners. Appellant asserts that he cannot, therefore, be guilty of more than one count of theft. The question for resolution is one of proper interpretation of the theft statute, Section 812.014, Florida Statutes (1981), as applied to one who is charged with theft of multiple firearms under the above circumstances....
...his possession of any of the other firearms. Albernaz v. United States,
450 U.S. 333,
101 S.Ct. 1137,
67 L.Ed.2d 275 (1981); Whalen v. United States,
445 U.S. 684,
100 S.Ct. 1432,
63 L.Ed.2d 715 (1980); State v. Getz,
435 So.2d 789 (Fla. 1983). [1] Section
812.014 (1981) provides in pertinent part: (1) A person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent: (a) to deprive the other person of a right to the property or a benefit therefrom....
...Possession of the stolen firearms in this case merely completed the crime of theft so far as appellant is concerned, but it did not constitute the whole offense. Under the theft statute, the felonious taking is in a sense imputed to the subsequent culpable purchaser or possessor. Section 812.014(1)(a), (b), Florida Statutes (1981)....
...om the same person at the same time, and received by appellant in a single delivery, the result might well be different. See, Hearn v. State,
55 So.2d 559 (Fla. 1951); Joiner v. State,
382 So.2d 1357 (Fla. 1st DCA 1980). The legislature, in enacting Section
812.014, simply provided that the crime of theft can be committed in several ways, one of which happens to be by acts formerly prosecuted as "receiving stolen property," Section 812.031, Florida Statutes (1975)....
...upportable by the record in this case under a reasonable interpretation of the statute. We certify, pursuant to Fla.App.R. 9.030(a)(2)(A)(v), the following as a question of great public importance: ARE MULTIPLE UNITS OF PROSECUTION PERMISSIBLE UNDER SECTION 812.014, FLORIDA STATUTES (1981), WHERE SEVERAL FIREARMS, THE SUBJECTS OF THE ALLEGED THEFTS, WERE TAKEN FROM THEIR RESPECTIVE OWNERS AT DIFFERENT TIMES AND PLACES, AND THE DEFENDANT WHO HAD NO PART IN THE ORIGINAL TAKINGS IS CONVICTED BASED...
...ice. Watts,
440 So.2d at 506. (We discuss only the 1981 version of Section
775.021(4) inasmuch as the effective date of the recent legislative amendment, Chapter 83-156, Laws of Florida, was June 22, 1983.) [2] The "obtaining or using" proscribed by Section
812.014(1), Florida Statutes (1981), is defined: "Obtains or uses" means any manner of: (a) Taking or exercising control over property....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...In sorting through the confusion, we must decide whether or not "retail theft" of merchandise, as defined in section
812.015, Florida Statutes (1981), where value is alleged and proved, is a separate criminal offense from "theft" as contemplated by section
812.014, Florida Statutes (1981)....
...eft." The body of the information charges that appellant did "unlawfully take possession of, or carry away, merchandise of a value of $100 or more," with the intent to deprive the owner of the "full retail value of said property; contrary to chapter 812.014/812.015, Florida Statutes." It is apparent that throughout the proceedings below, appellant, appellee, State of Florida, and the court considered that appellant was charged with and tried for grand theft of the second degree....
...The trial judge agreed, specifically stating that he did not "think we are dealing with market value." On the same day as the jury returned its verdict, the trial judge entered a judgment adjudicating appellant guilty of "Retail Theft" with the words "Grand Theft" entered parenthetically thereunder, and citing "812.014/812.015" as the "Offense Statute Number(s)." Sentencing was continued pending completion of a pre-sentence investigation....
...On the day of sentencing, inexplicably, another judgment was entered which adjudicated appellant guilty of "Retail Theft." This second judgment states only "retail theft" as the crime for which appellant was convicted. While it makes no reference to "Grand Theft," it cites as the "Offense Statute Number(s)" only section "
812.014(2)(b)(1)." Our colleagues at the Third District Court of Appeal held in Tobe that under section
812.015, "retail theft" of merchandise where its sale value is alleged and proved, is a second degree misdemeanor, separate and apart from a "theft" under section
812.014....
...a misdemeanor. Only in section
812.015(2) is punishment referred to in regard to "theft," and that subsection is an enhancement provision that refers to "a second or subsequent conviction for petit theft involving merchandise." (Emphasis supplied.) Section
812.014(2)(c) does provide that theft of any property not specified in section
812.014(2)(a) or (b), is petit theft and a misdemeanor of the second degree. However, we conclude that theft of merchandise offered for sale in a retail establishment is included in section
812.014(2)(a) or (b), if the sale price is $100 or more....
...d ever be less than the market value of the property at the time and place of the offense, as "value" is defined in section
812.012(9)(a). Therefore, if the sale price of merchandise is $100 or more, the theft of that merchandise is an offense under section
812.014(2)(a) or (b), and if less than $100, it is petit theft under section
812.014(2)(c). We arrive at our conclusion that there is no separate crime of "retail theft" of merchandise where value is alleged and proved by an analysis of the legislative history of what are now sections
812.014 and
812.015, Florida Statutes (1981)....
...d a penalty for resisting arrest. In 1977, the legislature enacted chapter 77-342, Laws of Florida (1977) which, among other things, repealed [1] section 812.021, the general larceny statute, and enacted [2] in its place the new "theft" statute, now section 812.014, Florida Statutes (1983). In 1978, by chapter 78-348, the legislature again amended section 812.014, Florida Statutes (1977) to add "knowingly" to the definition of theft....
...At the same time, the retail theft arrest statute, section 901.34 was repealed [3] and re-enacted, with amendments, as section
812.015. [4] This new section still did not create a crime of "retail theft" of merchandise separate from "theft" as provided for in section
812.014....
...rchandise from one container to another, removal of a shopping cart, or theft of farm produce where the element of value is not alleged, or if alleged, not proved. In that instance, the offense would be a misdemeanor of the second degree pursuant to section 812.014(2)(c). We, therefore, affirm appellant's conviction and sentence. We remand, however, to have the judgment of March 29, 1983, reflect that the crime for which appellant was convicted was grand theft as provided in section 812.014....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 44
...Golden, Asst. Atty. Gen., Daytona Beach, for appellee. SHARP, Judge. Williams appeals from convictions and sentences for burglary of a conveyance, [1] and petit theft. [2] He argues that his petit theft conviction should not have been aggravated pursuant to section 812.014(2)(c), Florida Statutes (1983) [3] by a conviction obtained prior to sentencing in this case because the criminal acts took place after those involved in this case. He also argues that the trial court erred in refusing to give *1011 a requested instruction on trespass to a conveyance. [4] We think the trial judge properly aggravated Williams' petit theft sentence under section 812.014(2)(c)....
...Consequently, we have no choice in this case but to reverse Williams' conviction for burglary and remand for a new trial. AFFIRMED IN PART; REVERSED IN PART. ORFINGER and FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] §§
810.02(1);
810.02(3) &
810.07, Fla. Stat. (1983). [2] §
812.014(1)(a)(b), Fla. Stat. (1983). [3] Section
812.014(2)(c) provides: Theft of any property not specified in paragraph (a) or paragraph (b) is petit theft and a misdemeanor of the second degree, punishable as provided in s....
...3rd DCA 1979), are on point because those cases involved interpretations of the habitual offender statute. §
775.084, Fla. Stat. (1983). The language of that statute makes the timing of the commission of a criminal act, as well as the date of conviction for it, significant factors. Section
812.014 simply speaks in terms of prior convictions....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...unlawfully use, or endeavor to use the property of Daniel Salvatore, to-wit: a 1973 Red Ford Truck motor vehicle, with the intent to appropriate the property to his own use or to the use of any person not entitled thereto, knowing or having reason to know said property was stolen, contrary to F.S. § 812.014(1)(b), and F.S. § 812.014(2)(b) (emphasis added)....
...The state contended below and maintains here that the crime charged under the omnibus "Theft" statute is possession of stolen property rather than common law larceny. Dismissal was based upon failure to include an allegation that there was specific intent to permanently deprive the victim of his property. Under Section 812.014(1), Florida Statutes (1979), the actual taking or theft of property is defined as obtaining the property with a specific criminal intent....
...The intent required for the crime of theft is a) to deprive the person from whom the property is taken of a right to that property or a benefit therefrom or b) to appropriate the property to the use of one other than the person entitled thereto. Prior to the enactment of Section 812.014, larceny was defined in Section 812.021, Florida Statutes (1975), as the taking of property from a person "with the intent to unlawfully deprive or defraud the true owner of his property or of the use and benefit thereof, or to appropriate the same to the use of the taker or of any other person." In comparing the two statutes, it is apparent that the only difference in the definitions of the requisite intent is the deletion in Section 812.014 of the word "unlawfully." As held in State v....
...State,
394 So.2d 979 (Fla. 1981) as the intent to permanently deprive the owner of property. Neither Allen nor Bell so narrowly define the required intent. Rather, Allen concluded only that the legislature had not eliminated specific criminal intent from Section
812.014 and Bell held that specific intent is still a requisite element of the crime of robbery. See, also, Baxley v. State (Fla. 5th DCA Case No. 79-36, opinion filed November 25, 1981). Section
812.014 now encompasses not only the actual theft of property but also the crime of possession of stolen property....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2004 WL 2884505
...In the instant case, although Officer Byers' injuries did not occur during the initial theft [7] of the backhoe, the theft "caused the alleged injury." Further, as explained by Judge Ramirez in his concurring opinion that is now being withdrawn as a result of the en banc majority, [s]ection 812.014 explicitly proscribes "use" of "the property of another" as a necessary element for the offense of theft....
...at trial failed to establish that the theft of the backhoe was "necessary to avoid an imminent threat of death or serious bodily injury to himself or others." Bozeman v. State,
714 So.2d 570, 572 (Fla. 1st DCA 1998). RAMIREZ, J., concurs. NOTES [1] Section
812.014, Florida Statutes (1991) provides that a person commits a theft if he knowingly obtains or uses ......
...ity. Given the way the accident actually occurred, it makes no sense to conclude that the result should be different because of the legal status of the backhoe. [7] Theft is a violation of law that is punishable by more than sixty days imprisonment. § 812.014, Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 1903
...Section
775.15(2)(b), Florida Statutes, imposes a three-year period for commencement of prosecution after the commission *800 of any felony other than a capital felony, life felony or felony of the first degree. Bare was charged with grand theft in violation of section
812.014(2)(b), Florida Statutes, which provides for grand theft of the second degree, a third-degree felony....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1992 WL 183983
...; however, the organized fraud statute, section 817.036, was not in effect between October 1, 1987 and June 24, 1988. In the alternative, the Winokurs argue that their convictions for both organized fraud under section 817.036, and grand theft under section 812.014, are violative of the double jeopardy clause....
...The information was adequate to charge the Winokurs with having violated section 817.036 for conduct occurring prior to October 1, 1987, the date the statute was repealed. See Groff v. State,
390 So.2d 361 (Fla. 2d DCA 1980). Nor do we agree with appellants' alternative argument that their grand theft convictions under section
812.014 and organized fraud convictions under section 817.036 violate double jeopardy....
CopyCited 4 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 83803, 2009 WL 2731338
...§
772.11 (Count IX) Plaintiffs asserted a cause of action in Count IX by showing that they were injured based on Defendants' knowing deprivation of their property by targeting Plaintiffs in their insurance fraud scheme, in violation of Fla. Stat. §§
772.11,
812.014....
...acts, including theft, which occurs when a person "knowingly obtains or uses, or endeavors to obtain or use, the property of another with intent to, either temporarily or permanently[, d]eprive the other person of a right to the property." Fla. Stat § 812.014. Under the statute, the term "property" is defined broadly to mean "anything of value." Fla. Stat. § 812.014(4). Under similar circumstances, in which an insurance company alleged that it was wrongfully induced to pay money based on defendants' false statements, this Court concluded that the insurance company successfully pled a claim of civil theft under section 812.014....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1992 WL 197795
...Deparvine has appealed from the sentence imposed after he was convicted of grand theft. We reverse, and remand for reconsideration of Deparvine's sentence using a correct scoresheet. As noted above, Deparvine came on for sentencing after he was convicted by jury of grand theft, a third-degree felony. § 812.014(2)(c), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 819
...uld constitute a clear, convincing, and sufficient reason for the trial court to depart downward from the sentencing guidelines. See State v. Villalovo a/k/a Laso,
481 So.2d 1303 (Fla. 3d DCA 1986). Affirmed. ANSTEAD and DELL, JJ., concur. NOTES [1] Section
812.014(2)(b), Florida Statutes (1985).
CopyCited 4 times | Published | Supreme Court of Florida
County, upholding the constitutionality of Section
812.14(3), Florida Statutes (Supp. 1976). Appellant
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2000 WL 486253
...)(b)(2), Florida Statutes (1993), we must reverse. According to the trial court's order denying relief, Ross's convictions for fraudulent use of a credit card, in violation of section
817.61, Florida Statutes (1991), and grand theft, in violation of section
812.014(2)(c)(1), Florida Statutes (1991), arose out a single transaction....
...In McDonald, the defendant was convicted of credit card fraud by a person authorized to provide goods or services, a violation of section
817.62, Florida Statutes (1993). Subsequent to this conviction, the State charged the defendant with grand theft, in violation of section
812.014(2)(c)(1), Florida Statutes (1993), based on the same actions that resulted in the first conviction....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1990 WL 49838
...guilty of grand theft and adjudicated him delinquent. M.F. filed this appeal. M.F. argues that the trial court erred in finding him delinquent for committing grand theft. M.F. is correct in asserting that the record does not contain sufficient evidence of guilt under section 812.014, Florida Statutes (Supp....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1998 WL 186898
...ummerlot was "certified" as provided by section
489.127. [1] Later that month, the state filed an amended information charging Summerlot with: 1) organized fraud in violation of section
817.034(4)(a)1, and 2) grand theft first degree in violation of section
812.014(1), (2)(a), Florida Statutes (1991)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1994 WL 140751
...Since we have determined that drug offender probation is not so egregious as to be fundamental error, we will not consider this issue raised for the first time on appeal. Castor v. State,
365 So.2d 701 *1007 (Fla. 1978). Accordingly, the judgment and sentence is affirmed. AFFIRMED. DAUKSCH and GRIFFIN, JJ., concur. NOTES [1] §
812.014(2)(c)(1), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...Appellant was charged on October 22, 1979 with an information labeled "Grand Theft," but which charged the theft of merchandise of a value less than one hundred dollars. On November 27, 1979, the state filed a notice of intent to prosecute as a subsequent offender pursuant to section 812.014(2)(c), Florida Statutes (1979)....
...1978), the supreme court upheld the constitutionality of section 812.021(3), Florida Statutes (1977) which provided that upon the third or subsequent conviction of petit larceny, the offender shall be guilty of a felony. Section 812.021(3) is identical to the present section 812.014(2)(c) with the exception that the word "theft" has replaced "larceny." Had the state moved to amend the information as it should have done, the substantive offense of felony petit theft would have vested jurisdiction in the circuit court....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 5165, 2010 WL 1477567
...ommits a felony of the third degree); Fla. Stat. §
322.264(1) (2008) (any person who commits a traffic violation and has previously accumulated a specific number of traffic violations may be adjudicated as a `habitual traffic offender'); Fla. Stat. §
812.014(3)(c) (any person who commits petit theft and has previously been convicted two or more times of any theft commits a felony of the third degree)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1994 WL 120055
...ATION, with the intent to either temporarily or permanently deprive the other person of a right to the property or a benefit therefrom or to appropriate the property to his or her own use or to the use of any person not entitled thereto, contrary to Section 812.014(2)(c)(1), Florida Statutes....
...would be conducive to looseness in criminal prosecutions that might become intolerable to due process." Lewis v. State,
53 So.2d 707, 708 (Fla. 1951). We therefore reverse appellant's convictions and the order revoking probation and community control. ERVIN and BARFIELD, JJ., concur. NOTES [1] Section
812.014, Florida Statutes (1991) provides: (1) A person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit therefrom....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 921
...Gen., Tampa, for appellee. BOARDMAN, EDWARD F. Appellant appeals the court costs assessed against him and the order of restitution resulting from his plea of no contest to the charge of grand theft. Appellant was charged with grand theft on May 31, 1985, in violation of section 812.014(1), Florida Statutes (1985)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2002 WL 2029418
...ons
784.021(1)(a) and
775.087(a) of the Florida Statutes (2000), possession of a firearm in the commission of a felony, to wit: burglary or carjacking, in violation of section
790.07(2) of the Florida Statutes (2000), and petit theft in violation of section
812.014(3)(a) of the Florida Statutes (2000)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2314
...He did not describe the moped he was shown except to say that it had a broken ignition and that the gas tank had been raised, an alteration not noted on the moped found in S.P.L.'s possession. In November 1986, a petition for delinquency was filed against S.P.L., alleging the theft of Frederickson's moped contrary to Section 812.014, Florida Statutes (1985)....
CopyCited 3 times | Published | District Court, M.D. Florida | 1990 U.S. Dist. LEXIS 15063, 1990 WL 175337
...v) awarding to Plaintiffs all costs, attorney's fees and additional and supplemental relief to which Plaintiffs are entitled." In Count III, Plaintiffs alleged that Defendants had committed thefts of the Decedent's property in violation of Fla.Stat. § 812.014....
...additional and supplemental relief to which Plaintiffs are entitled. In Count III, Plaintiffs allege that Defendants D'Ambra have committed civil theft of the Decedent's property (monies, financial accounts and home) in violation of Florida Statutes § 812.014 (1989). Plaintiffs also allege that Defendant Kirshenbaum knowingly conspired with and aided and abetted the D'Ambras to obtain the home in violation of Florida Statutes § 812.014 (1989)....
...ill not address Defendants' motion to dismiss for failure to join a party. C. Rule 12(b)(6) Motion To Dismiss Count III for Failure To State a Claim for Civil Theft. Plaintiffs allege that Defendants have committed civil theft under Florida Statutes § 812.014 (1989). The statute defines theft as follows: 812.014 Theft....
...ty of (1) taking the property (2) of another, two of the essential elements of larceny. Id. at 465. While Hinkle was decided prior to the adoption of the current civil theft statute, Hinkle applies to the current situation because "[t]he language in section 812.014, the present omnibus theft act, now includes a variety of offenses related to unlawful appropriation of property (e.g., larceny, false pretenses, embezzlement, etc.)." Crawford v....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2008 WL 4755342
...o, either temporarily or permanently ... [d]eprive the other person of a right to the property or a benefit from the property" or "[a]ppropriate the property to his or her own use or to the use of any person not entitled to the use of the property." § 812.014(1)(a) & (b), Fla....
...of acquittal, a de novo standard of review applies") (citing Tibbs v. State,
397 So.2d 1120 (Fla. 1981)). An essential element of the grand theft charge was that the generator was worth at least $300, but less than $5,000, on the date of the theft. §
812.014(2)(c)1, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1295375
...a reasonable doubt, and we affirm that adjudication without further discussion. However, we reverse E.R.'s adjudication for third-degree grand theft because the State did not prove that the value of the stolen property equaled or exceeded $300. See § 812.014(2)(c), Fla....
...The State's failure to prove the value element of third-degree grand theft is fundamental error and may be raised for the first time on appeal. T.E.J. v. State,
749 So.2d 557, 558 (Fla. 2d DCA 2000). On remand, the circuit court shall reduce the grand theft charge to second-degree petit theft under section
812.014(3)(a)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 15900, 2010 WL 4108547
...ther parties that eventually received the money. As such, Vroom argues on appeal that the trial court erred in denying his motion for judgment of acquittal because the State failed to prove that he had the requisite intent to commit grand theft. See § 812.014, Fla....
...Because the grand theft was the primary offense on Vroom's sentencing scoresheet, he is entitled to be resentenced on the remaining three counts using a corrected scoresheet. Affirmed in part, reversed in part, and remanded with instructions. KHOUZAM and MORRIS, JJ., Concur. NOTES [1] Section 812.014 provides in part: (1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property....
CopyCited 3 times | Published | Supreme Court of Florida
...Brummer, Public Defender, for appellees. PER CURIAM. This cause is before us on appeal by the state from a trial court order granting a motion to dismiss the charges against appellees. The order was expressly grounded upon the trial judge's finding that Section 812.014, Florida Statutes (1977), "is unconstitutionally overbroad in scope in that it does not require proof of criminal intent." We have recently rejected the contention that Section 812.014 is unconstitutionally vague or overbroad....
...Allen,
362 So.2d 10 (Fla. 1978); Dunnigan v. State,
364 So.2d 1217 (Fla. 1978). An additional point raised by appellees in their motion to dismiss that was not expressly ruled upon by the trial judge and has not previously been addressed by this Court is that Section
812.014 violates the constitutional prohibition against cruel and unusual punishment. Inasmuch as this argument rests entirely upon the premise that the statute is fatally overbroad because it penalizes innocent conduct an assertion put to rest by our holding in Allen, supra, that Section
812.014 includes the element of specific criminal intent it is without merit. The order entered below, dismissing the informations against appellees on the ground that Section
812.014, Florida Statutes (1977), is unconstitutional, is reversed, and this case is remanded to the trial court for further proceedings not inconsistent with this opinion....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1998 WL 716703
...893.13 relating to the purchase or the possession of a controlled substance. Prior to 1992, a person adjudicated guilty of felony petit theft was subject to sentencing as provided by sections
775.082,
775.083, and
775.084, the habitual offender statute. See §
812.014(2)(d), Fla.Stat. (1991)[now renumbered as §
812.014(3)(c)]....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 2483
...The record reveals no evidence to support the adjudication of delinquency based on robbery. We reject R.P.'s contention that his adjudication of delinquency should be for petit theft instead of grand theft. R.P. argues that the state failed to prove a taking of more than $100, an essential element of grand theft. § 812.014(2)(b), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2897042
...We reverse and remand as to Ground 5 and the related subclaim of Ground 6. We affirm as to all other grounds and subclaims. [1] Warner was charged with five offenses arising out of a single criminal episode: robbery, in violation of section
812.13(1), (2)(c), Florida Statutes (2002); grand theft, §
812.014(1), (2)(c)(1); grand theft auto, §
812.014(2)(c)(6); kidnapping, §
787.01(1)(a)(2), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 2463
...In respect to these counts, Puchner alleged that Goodstein wrongfully misused and converted Puchner's funds and securities to his own use within the course and scope of his employment as an assistant office manager at Bache and as an office manager at Drexel. These allegations are sufficient to state a violation of Section 812.014(1), Florida Statutes (1983)....
...[2] The section provides in pertinent part: "(1) A person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: "(a) Deprive the other person of a right to the property or a benefit therefrom." § 812.014(1), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1999 WL 1043955
...[2] As a result of these new charges, the state also filed a petition seeking to revoke D.E.R.'s community control which had been imposed in June 1998 for committing the delinquent acts of trespass of unoccupied structure and petit theft. See §§
810.08(1)(b),
812.014, Fla....
...had committed the new crime of grand theft while on community control, we need not reach the question of whether an unproven offense alone constitutes a valid ground for departure. AFFIRMED. DAUKSCH and COBB, JJ., concur. NOTES [1] §
810.02(4)(a), Fla. Stat. (1997). [2] §
812.014(2)(c)(1), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1996 WL 293695
...en met. As to the charge of auto theft, there is no evidence that appellant ever actually entered the car. Therefore, based on the record, we hold that there was insufficient evidence that appellant possessed the specific criminal intent required by section 812.014, Florida Statutes (1993), to sustain a conviction for auto theft....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1997 WL 280104
...with one count of criminal mischief, in violation of section
806.13(1)(b)3, Florida Statutes (1993), one count of obstructing or opposing an officer without violence, in violation of section
843.02, Florida Statutes (1993), and one count of grand theft of a motor vehicle, in violation of section
812.014(2)(c)4, Florida Statutes (1993)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...n or use the property of another with (2) the intent to deprive the victim of the right to or benefit from the property or appropriate the property to one's own use or the use of another unauthorized person, when (3) the property is a motor vehicle. § 812.014(1), (2)(c)(6), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 5843
second degree petit theft. We agree. Under section
812.014(2)(e), Florida Statutes (2007), to establish
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2008 WL 2064661
...and Diana Case (collectively referred to as Appellants). [1] The money was paid pursuant to an agreement whereby Rogers agreed to purchase a condominium unit from Appellants. The complaint filed by Rogers alleges in count I that Appellants violated section
812.014(1), Florida Statutes, and seeks recovery of treble damages for theft pursuant to section
772.11, Florida Statutes, plus attorney's fees and costs....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...The officers gave chase and arrested the appellant, I.Y.D., who was wearing a beige jacket, some blocks away. On February 1, 1996, the State filed a petition charging I.Y.D. with committing two delinquent acts on January 20, 1996: felony petit theft, in violation of section
812.014, Florida Statutes (1995), and resisting arrest without violence, in violation of section
843.02, Florida Statutes (1995)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 787
...months county jail time for the misdemeanor convictions without providing written reasons for departure as required by Fla.R.Crim.P. 3.701. We affirm. Appellant on November 22, 1985 pled nolo contendere to five counts of grand theft, in violation of section
812.014, Florida Statutes, and five counts of contracting without a license, in violation of section
489.127, Florida Statutes....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2003 WL 1023022
...dly weapon, robbery, and petit theft. While the State failed to establish that Tillman robbed Gordy, the evidence was sufficient to support a conviction for petit theft as a result of Tillman taking some of Gordy's belongings after the shooting. See § 812.014(3)(a), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1992 WL 43280
...The state charged appellant with armed robbery and resisting a merchant. The jury found her guilty of the lesser included *1053 offense of petit theft and resisting a merchant. The trial court adjudicated her guilty of the two misdemeanors. At sentencing, however, the court reclassified her conviction pursuant to section 812.014(2)(c), based on her prior theft convictions....
...We find the reasoning in Crocker persuasive, but note that Crocker preceded the supreme court's Rodriguez opinion and its discussion therein of Harris. Based on Rodriguez, we conclude that the state must allege the elements of the felony petit larceny statute in its charging document if it intends to proceed under section 812.014(2)(c)....
...The overriding imperatives of constitutional policy thus displace the understandable quest for procedural simplicity. If the state wanted Clay to bear more severe punishment for a fifth conviction of petit theft, then all it had to do was charge her with felony petit theft under section 812.014(2)(d)....
...y a failure of the state to do the basic act of charging her with the precise offense that the facts will bear. I therefore agree that the "reclassified" conviction for felony petit theft must be overturned. NOTES [1] That statute is now codified at section 812.014(2)(d), Florida Statutes (1991), without any material change in text.
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
information with one count of grand theft under section
812.014, Florida Statutes (2015), alleging he knowingly
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1992 WL 140970
...llants' pleas to the lesser included offense of petit theft. For the following reasons, we disagree with that proposition. Appellants were initially jointly charged by information with one count of third-degree grand theft, contrary to section *1294 812.014(2)(c)1., Florida Statutes (1989). However, they both ultimately entered into plea agreements with the state, agreeing to plead guilty to the misdemeanor offense of petit theft, section 812.014(2)(d), in exchange for a maximum six months of probation....
...pon Hoover." Id. In the instant case, appellants entered into plea agreements which beneficially reduced the charged offense from felony grand theft to the lesser misdemeanor of petit theft. In that regard, it must be kept in mind that ordinarily subsection 812.014(1) defines the crime of theft, whereas subsection 812.014(2), "merely defines the degree" of the felony by virtue of the value *1295 of the property stolen....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1548
...Public Defender, Bartow, for appellee. *314 CAMPBELL, Judge. Appellant, the State of Florida, appeals the trial court's order declaring section 27.3455, Florida Statutes (1985) unconstitutional in this grand theft case. We reverse. Appellee was charged with grand theft in violation of section 812.014, Florida Statutes (1985)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1996 WL 426415
...Butterworth, Attorney General, Tallahassee, and Robert J. Krauss, Senior Assistant Attorney General, Tampa, for Appellee. THREADGILL, Chief Judge. Danny Ray Stephens appeals the sentences imposed upon the revocation of his probation for two counts of grand theft of a motor vehicle, in violation of section 812.014(2)(c)4., Florida Statutes (1989)....
...Our independent review of the record reveals that the sentences imposed exceed the statutory maximum. We affirm the revocation of probation, but reverse and remand for resentencing. Grand theft of a motor vehicle is a third-degree felony punishable by a term of imprisonment not exceeding five years. §§
775.082,
812.014(2)(c)4., Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1998 WL 406386
...tely left it alone. Appellant argues that there was insufficient evidence to prove that Hood intended to steal the ATV and that appellant intended to participate in the theft. The state charged appellant with thirddegree grand theft, in violation of section 812.014, Florida Statutes, which provides, in pertinent part: (1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a)...
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...Golden, Asst. Atty. Gen., Daytona Beach, for appellee. SHARP, Judge. On October 27, 1983, the trial court revoked Gordon's probation and pursuant to the new sentencing guidelines sentenced him to three years imprisonment for second degree grand theft. § 812.014(2)(b), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1989 WL 78300
...Robert A. Butterworth, Atty. Gen., and Michele L. Crawford and Yvette Prescott Rhodes, Asst. Attys. Gen., for appellee. Before BASKIN, JORGENSON and COPE, JJ. PER CURIAM. D.L., a juvenile, appeals an adjudication of delinquency predicated on grand theft. § 812.014(2)(c)(1), 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 delinquency for grand theft and remand with directions to adjudicate D.L. delinquent for petit theft. J.G. v. State,
544 So.2d 317 (Fla. 3d DCA 1989); §
812.014(2)(c), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2002 WL 21949
...The Michigan statute is far broader and would allow a conviction where a defendant committed larceny in a store that was open to the public or even where he stole office supplies from his workplace. Furthermore, the Michigan statute contains no dollar amount as does Florida's grand theft statute. See § 812.014(1), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1991 WL 4348
...First, we affirm the judgment of conviction for burglary as the defendant makes no contention on appeal that such judgment was entered erroneously. Upon the state's confession of error, however, we reverse the judgment of conviction for grand theft, third degree, § 812.014(2)(c)(1), Fla. Stat. (1989), and remand the cause to the trial court with directions to enter a judgment of conviction and sentence for the necessarily included offense of petit theft. § 812.014(a)(d), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1991 WL 2768
...an attempt to secure the return of Adcock's money. The appellant argues that the circumstantial evidence adduced at trial was insufficient to support a verdict of guilty of grand theft. We agree. Intent is an essential element of the crime of theft. Section 812.014(1), Florida Statutes (1986)....
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 9 Fla. L. Weekly Fed. B 328, 1996 Bankr. LEXIS 200, 28 Bankr. Ct. Dec. (CRR) 805, 1996 WL 99690
...transactions that were personal, not corporate." ( Id. ¶ 24). h. Defendants "obtain[ed] and use[d] personal property of the Duguids with intent to either temporarily or permanently appropriate the property to its own use. . . .," and consequently, violated Fla. Stat. § 812.014 (1992)....
...$80,345.69 in compensatory damages bearing interest at a rate of twelve (12%) per annum; b. $443,118.21 in exemplary damages arising from Defendants' alter ego claim; and c. $215,015.55 in treble damages bearing interest of twelve (12%) per annum arising from civil theft violation under Fla.Stat. § 812.014(1) (1992)....
...xcepted from Defendants' discharge under 11 U.S.C. § 523(a)(6). ( Id. at 5-6). 12. Defendants briefed only the issue of treble damages. They candidly directed the Court's attention to cases that have found damages awarded for violation of Fla.Stat. § 812.014 nondischargeable under 11 U.S.C....
...§ 523(a)(6). (Defendants' Brief at 1-2). Defendants distinguished their case from those cases, arguing that here the state court's judgment was rendered solely upon the Affidavit of Plaintiffs and contained no facts supporting liability under Fla.Stat. § 812.014 (1992) as in cases finding an award of treble damages nondischargeable....
...§ 523(a)(2)(A), (a)(4) and (a)(6). The Court will first examine whether the state court's award of compensatory and punitive damages should be excepted from Defendants' discharge. Next, the Court will the address whether treble damages awarded pursuant to Fla.Stat. § 812.014 (1995) is nondischargeable....
...ns 523(a)(4) and (a)(6). Next, the Court turns to the issue of treble damages II. TREBLE DAMAGES UNDER FLORIDA'S CIVIL THEFT STATUTE Defendants specifically and concisely briefed the issue of nondischargeability of *60 treble damages under Fla.Stat. §
812.014 (1992). [4] Defendants distinguish their case from binding case law that has interpreted section 523(a)(6) as allowing treble damages awarded under Fla.Stat. §
812.014 to be excepted from debtors' discharge. (Defendants' Brief at 1-2) The Eleventh Circuit Court of Appeals has held that damages arising out of a violation of Fla.Stat. §
812.014 is not dischargeable under section 523(a)(2)(A). See Sunco Sales, Inc. v. Latch (In re Latch),
820 F.2d 1163 (11th Cir.1987). In Latch, a judgment creditor appealed the bankruptcy court's judgment not excepting from debtors' discharge an award of damages arising from a violation of Fla.Stat. §
812.014. Id. at 1165. The creditor argued the debtor should not be granted a discharge under section 523(a)(6) because the state court jury's findings of liability under Fla.Stat. §
812.014 is enough to establish nondischargeability under the section 523(a)(6) language of "willful and malicious injury." Id....
...The Eleventh Circuit affirmed. Id. The Court of Appeals addressed whether the creditor proved the "willful and malicious" element necessary to establish nondischargeability under section 523(a)(6). Id. The Court of Appeals held that the statutory language of Fla.Stat.
812.014 requires a showing of "intent," and this showing of intent satisfies the "willful and malicious" element of section 523(a)(6). Id. The Court of Appeals reasoned that the statutory language of Fla.Stat. §
812.014 clearly requires intent to do a wrongful act, not mere negligence or recklessness. Id. Thus, one can conclude that because a defendant is convicted under Fla.Stat. §
812.014, that the defendant is also "willful and malicious" within the meaning of section 523(a)(6). Id. Defendants also direct the Court's attention to Johnson v. Keene (In re Keene),
135 B.R. 162 (Bankr.S.D.Fla.1991), where an award of treble damages under Fla.Stat.
812.014 was found nondischargeable. The Keene court held that the state court's judgment decided all of the issues necessary to prove an exception to discharge under section 523(a)(6). Here, defendants concede that treble damages awarded under Fla.Stat.
812.014 can be held nondischargeable under section 523(a)(6), but insist that this case is distinguishable from Latch and Keene....
...e defendant chooses not to participate in the trial, the case is nevertheless "actually litigated." Id. at 168. This Court follows the lead of Latch and holds that treble damages awarded by the state court upon a finding of liability under Fla.Stat. § 812.014(1) is excepted from Defendants' discharge under 11 U.S.C....
...The state court award of punitive or exemplary damages in the amount of $443,118.21 is excepted from debtors' discharge pursuant to 11 U.S.C. § 523(a)(2)(A). 5. Treble damages awarded to the Plaintiffs in the amount of $215,015.55 bearing an interest of twelve (12%) per annum arising Defendants violation of Fla.Stat. § 812.014(1) is excepted from debtors' discharge pursuant to 11 U.S.C....
...cannons of statutory construction and relying on past bankruptcy practice that gives the broadest possible definition to the term "debt" to include "punitive damages." St. Laurent, II,
991 F.2d at 679-81. [4] Defendants were found in violation of subsection
812.014(1), which states: (1) A person commits theft if he knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit therefrom. (b) Appropriate the property to his own use or the use of any person not entitled thereto. Fla.Stat. §
812.014(1) (1992)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1993 WL 48233
...We affirm the burglary conviction. However, there was insufficient evidence presented to convict appellant of grand theft, and we, accordingly, reverse that conviction. In order to establish grand theft, the state must prove that the property taken has a value of $300 or more. § 812.014(1)(c)1, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1994 WL 54790
...State,
582 So.2d 759 (Fla. 1st DCA 1991); §
775.089(3)(a) and (c), Fla. Stat. (1991). That portion of the order should be reversed. AFFIRMED in part, REVERSED in part, REMANDED. HARRIS, C.J., and THOMPSON, J., concur. NOTES [1] §
812.019, Fla. Stat. (1989). [2] §
812.014, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2012 WL 513019, 2012 Fla. App. LEXIS 2402
...it, or (b) to appropriate the motor vehicle to the accused's own use or to use of any person not entitled to it. Fryer v. State,
732 So.2d 30, 33 (Fla. 5th DCA 1999) (emphasis added); accord Jones v. State,
666 So.2d 960, 963 (Fla. 3d DCA 1996); see §
812.014(2)(c)6, Fla....
...ny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception." §
812.012(3)(d)1, Fla. Stat. (2006) (emphasis added). Conversion, and thus theft under section
812.014, occurs when a person who has the right to possess certain property demands its return, and the property is not relinquished....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1995 WL 59618
...1st DCA 1990) (juvenile's honest but mistaken belief that she had permission to use vehicle required acquittal on theft charge). However, a person commits theft by knowingly obtaining or using another's property with the intent to appropriate the property to his or her own use or to the use of another. § 812.014(1)(b), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2002 WL 215864
...On May 5, 1999, the State charged Guillermo Antonio Cutie ("Cutie"), a public employee, with eight counts of official misconduct in relation to invoices submitted by Manual Diaz Farms, Inc. Over a year later, on August 24, 2000, the State charged the defendant with one count of first degree grand theft in violation of Section 812.014, Florida Statutes (1995), in connection with twenty-three invoices for payment issued to the county between July 7, 1994, and May 22, 1995....
...se of action accrues. The State contends that all twenty-three invoices were part of a common scheme or plan to defraud the county and should be treated as a continuing offense within the five-year statute. We disagree, based upon a plain reading of Section 812.014. Section 812.014 provides that a person is guilty of grand theft if he knowingly obtains or uses the property of another with intent to temporarily or permanently deprive the other person of that right....
...The statute is silent on the issue of continuing offenses, with no suggestion that the legislature intended to make grand theft a continuing offense. See State v. King,
282 So.2d 162 (Fla.1973). See also O'Malley v. Mounts,
590 So.2d 437 (Fla. 4th DCA 1991)(noting language of current Section
812.014 is the same as the pre-amended version)....
...invoices, via MIAMI-DADE COUNTY PARKS & RECREATION CONTRACT # AW-0036, for plant material allegedly delivered and installed at Crandon Gardens and at adjacent medians in Crandon Park.... to MIAMI-DADE COUNTY.... for payment and GUILLERMO ANTONIO CUTIE approving said invoices *468 for payment, in violation of s. 812.014(1)(2)(a) and s....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 15963
consti*921tuted civil conversion in violation of Fla. Stat. §
812.014.9 The district court also granted judgment n.o
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 2679
...ing consistent with this opinion. CONVICTION AFFIRMED, SENTENCE REVERSED. HERSEY, C.J., and HURLEY and DELL, JJ., concur. NOTES [1] §
810.02(2)(b), Fla. Stat. (1983). [2] §
794.011(3), Fla. Stat. (1983). [3] §
812.13(2)(a), Fla. Stat. (1983). [4] §
812.014(2)(b)(1), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1994 WL 719091
...State,
638 So.2d 214 (Fla. 5th DCA 1994); Gedeon v. State,
636 So.2d 178 (Fla. 5th DCA 1994); Botts v. State,
634 So.2d 197 (Fla. 5th DCA 1994). In all other respects the judgment and sentence is AFFIRMED. COBB and DIAMANTIS, JJ., concur. NOTES [1] §
812.014, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1991 WL 272779
...Robert A. Butterworth, Atty. Gen., and Bradley R. Bischoff, Asst. Atty., Tallahassee, for appellee. JOANOS, Chief Judge. Appellant seeks review of his conviction and sentence after a jury found him guilty of the offense of grand theft auto, a violation of section 812.014, Florida Statutes (1989)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2006 WL 3613744
...Appellee concedes that appellant's ten-year sentence on Count II was erroneous without a habitual offender designation. We agree. At the trial level, appellee had requested appellant be sentenced as a habitual felony offender on Count II. Appellant was charged in Count II with grand theft, which is a third-degree felony. § 812.014(2)(c)3, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 2721
...t exceed the maximum of the guideline sentence range, and the total time for incarceration and probation does not exceed the term provided by general law. AFFIRMED. COBB, C.J., and UPCHURCH, J., concur. NOTES [1] §
810.02(1), Fla. Stat. (1983). [2] §
812.014(2), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...Appellant argues, and the State agrees, that under a recent decision of this Court, Thomas v. State,
405 So.2d 1015 (Fla. 1st DCA 1981), the sentence for petit theft of Nettles' property must be vacated since both crimes are defined in the theft statute, Section
812.014, Florida Statutes....
...The State questions the correctness of the Thomas decision, particularly in light of a recent decision of the Florida Supreme Court, Borges v. State,
415 So.2d 1265 (Fla. 1982). The State asserts that, even though a single criminal statute is involved, Section
812.014, sentences for violations of separate subsections of the statute are not prohibited, see Section
775.021, Florida Statutes, unless double jeopardy is involved, and there is no double jeopardy problem in the instant case under the test...
...e proved for each offense, i.e., theft of property valued at less than one-hundred dollars and theft of any firearm. While there may be a slight distinction between the present case and Thomas, in that Thomas involved two counts of grand theft under Section 812.014(2)(b), and this present case involves one count of grand theft under Section 812.014(2)(b) and one count of petit theft under Section 812.014(2)(c), that distinction appears to be of little significance....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1998 WL 518609
...Moreover, the trial court properly instructed the jury on the issue of self-defense. See Fla. Std. Jury Instr. (Crim.) 3.04(d). JUDGMENTS and SENTENCES AFFIRMED. GRIFFIN, C.J., and DAUKSCH, J., concur. NOTES [1] §
782.04(1)(a)1, Fla. Stat. (1995). [2] §
812.014(1), (2)(c), Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 1994 WL 442253
...We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution. [1] Jay Robinson Young was found guilty of the lesser included offense of petit theft. The State filed notice of the intention to have Young sentenced for felony petit theft based on section 812.014(2)(d), Florida Statutes (1991)....
...e will seek a sentence under the felony petit theft statute. In Crocker, the defendant was found guilty of petit theft. Prior to sentencing, the State indicated its intention to have him sentenced for felony petit theft pursuant to the provisions of section 812.014(2)(c), Florida Statutes (1985)....
...rior DUI convictions must be given in the charging document." Id. at 1265. Based upon Rodriguez, the Clay court held that the State "must allege the elements of the felony petit larceny statute in its charging document if it intends to proceed under section
812.014(2)[(d)]."
595 So.2d at 1053....
...re that the elements of the felony petit larceny statute be alleged in the charging document. Thus, even when there is a possibility that a conviction for a lesser included offense of petit theft would result in a felony petit theft conviction under section 812.014(2)(d), the State must put the defendant on notice in the charging document....
...2d DCA 1987), but also noted conflict with Clay v. State,
595 So.2d 1052 (Fla. 4th DCA 1992). Thus, as in Stevens v. Jefferson,
436 So.2d 33, 34 & n. * (Fla. 1983), we accept jurisdiction because the district court indicated contrary authority. [2] Section
812.014(2)(d), Florida Statutes (1991), provides in pertinent part that "[u]pon a third or subsequent conviction for petit theft, the offender shall be guilty of a felony of the third degree, punishable as provided in ss.
775.082,
775.083, and
775.084." [3] This statute is now codified at section
812.014(2)(d), Florida Statutes (1991), without any material changes. [4] The information should include language to the effect that in the event the defendant is found guilty of the lesser included offense of petit theft, the defendant is also charged with felony petit theft under section
812.014(2)(d) by reason of the previous convictions of two or more thefts as thereafter described....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1994 WL 415242
...The jury returned a verdict of guilty, and defendant was adjudicated guilty, only as to the lesser included offense of grand theft. He appeals. We reverse. A charge of robbery unavoidably includes the elements of the crime of petit theft, making petit theft a necessarily included offense of robbery. Compare §
812.13 with §
812.014(1), (2)(d), Fla. Stat. (1991); J.C.B. v. State,
512 So.2d 1073 (Fla. 1st DCA 1987), rev. denied,
520 So.2d 586 (Fla. 1988). An essential element of the crime of grand theft is the value of the goods stolen. See §§
812.014(2)(a), (b) and (c), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2004 WL 735382
...ff. The store security guard testified that he attempted to stop the defendant and the defendant struck him. The security guard apprehended the defendant and turned him over to the police. The state charged the defendant with felony petit theft, see § 812.014(3)(c), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1994 WL 151314
...ed to compensate the victims for their losses. Accordingly, I would remand with directions to modify the monthly rate of restitution. Bautista; Medina v. State,
591 So.2d 1085 (Fla. 3d DCA 1991). NOTES [1] §§
815.06,
777.04, Fla. Stat. (1989). [2] §
812.014(1) & (2)(c), Fla. Stat. (1989). [3] §
812.014(2)(d), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1998 WL 210954
...Charles Amos appeals from his convictions of one count of racketeering under section
895.03, Florida Statutes (1985) ("Florida RICO (Racketeer Influenced and Corrupt Organization) Act"), seven counts of first-degree grand theft, three counts of second-degree grand theft, and one count of third-degree grand theft, all under section
812.014, Florida Statutes (1985)....
...or on behalf of another. Because Amos was not an insured and was not liable for the payment of any "premium," the "premium" obtained was for the benefit of the insured. The first question is whether "premium" is a form of "property" contemplated by section 812.014 as being subject to theft....
..., approximate or tentative." As such, they cannot form the subject of theft. Amos's practices were dishonest. He clearly violated section
626.9541 by making false statements on insurance applications, a second-degree misdemeanor, but did not violate section
812.014, the theft statute....
...We certify to the supreme court the following question which we determine to be of great public importance. IS THE OBTAINING OF A REDUCED INITIAL PREMIUM FOR WORKERS' COMPENSATION INSURANCE BY MISREPRESENTATIONS OF STATUTORILY-REQUIRED FACTORS USED TO DETERMINE THAT PREMIUM *1202 THEFT UNDER SECTION 812.014, FLORIDA STATUTES? ALTENBERND and WHATLEY, JJ., concur....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 861
...s. Albritton v. State,
476 So.2d 158 (Fla. 1985). Accordingly, we vacate the sentence and remand for resentencing. AFFIRM; VACATE SENTENCE AND REMAND FOR RESENTENCING. DAUKSCH and UPCHURCH, JJ., concur. NOTES [1] §
810.02(2), Fla. Stat. (1983). [2] §
812.014, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2005 WL 735286
...The defendant testified he returned to Jamison's garage to see if Farrell was there. The defendant denied that he intended to steal anything and claimed he fled when he heard Jamison approach. Petit Theft Conviction The trial court correctly denied the defense motion for judgment of acquittal as to the crime of petit theft. Section 812.014, Florida Statutes, has been held to define theft as including the attempt to commit theft....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2000 WL 1360874
...If the state attorney seeks prison releasee reoffender sentencing, despite a plea for leniency by the victim, the court has no discretion and must impose the mandatory sentence. Cotton. AFFIRMED. GRIFFIN and SAWAYA, JJ., concur. NOTES [1] §
810.02, Fla. Stat. (1997). [2] §
812.014, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...Phillips therefore urges that the circuit court lacked jurisdiction of the charge as laid, that the ensuing judgment after trial and verdict was void, and that the jurisdictional defect must be noted even though no objection or motion to dismiss the information was made in the circuit court. Regrettably that is so. Section 812.014, Florida Statutes (1981), defining and proscribing "theft," provides in subparagraph (2)(c) that "[t]heft of any property not specified in paragraph (a)" (which concerns property valued at $20,000 or more) "or paragraph (b)" (which co...
...he offender shall be guilty of a misdemeanor of the first degree... . Upon a third or subsequent conviction for petit theft, the offender shall be guilty of a felony of the third degree... . When the offense charged is "petit theft" by definition of section 812.014, therefore, the circuit court of Duval County has felony jurisdiction only if a conviction upon the charge laid in the information would be the offender's "third or subsequent conviction for petit theft." Sec....
...ce of intent "to seek a felony petit theft penalty" based on the accused's two specified prior convictions of petit theft, several years earlier, in the county court. But the charging part of the information simply alleged a petit theft violation of section 812.014(2)(c), in that Phillips on a certain date, in Duval County, did knowingly obtain or use, or endeavor to obtain or use merchandise, valued at less than One-Hundred Dollars ($100.00), the property of Winn Dixie Stores, Incorporated, a corportion [sic], with intent to appropriate the property to her use or to the use of any person not entitled thereto, contrary to the provisions of Section 812.014(2)(c), Florida Statutes....
..., and is said to be a jurisdictional defect, not merely an imperfection in a felony charge that must be challenged by proper motion or else is waived. Christopher v. State,
397 So.2d 406 (Fla. 5th DCA 1981) [information captioned "Grand Theft" under §
812.014(2)(c)]; Brehm v....
...r appeals from the Duval County circuit court. ZEHMER, J., concurs. WENTWORTH, J., dissents by written opinion. WENTWORTH, Judge, dissenting. The information in this case charged appellant with " Felony petit theft... . contrary to the provisions of Section 812.014(2)(c), Florida Statutes" and contained a specific description of a single petit theft which the statute classifies as a misdemeanor except "upon a third or subsequent conviction ......
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 13420, 2010 WL 3515566
...Accordingly, we recede from Salyer and reaffirm the law as set forth in Allen. AFFIRMED. *84 MONACO, C.J., GRIFFIN, SAWAYA, ORFINGER, TORPY, LAWSON, EVANDER, COHEN, and JACOBUS, JJ., concur. NOTES [1] See §
812.13(2)(a), Fla. Stat. (2007). [2] See §
784.021(1)(A), Fla. Stat. (2007). [3] See §
812.014(2)(C)(1), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 16126, 34 Fla. L. Weekly Fed. D 2230
...2d DCA 2006); Williams v. State,
913 So.2d 760 (Fla. 4th DCA 2005). Accordingly, we reverse Schuster's conviction and sentence, and remand with directions that the trial court dismiss the charge. REVERSED AND REMANDED. PALMER and JACOBUS, JJ., concur. NOTES [1] See §
812.014(1) and (2)(a), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2006 WL 3052515
...eft, the state was obliged to prove that the property stolen was valued at $100 or more, but less than $300, and that it was "taken from a dwelling as defined in s.
810.011(2) or from the unenclosed curtilage of a dwelling pursuant to s.
810.09(1)." §
812.014(2)(d), Fla....
...was stolen. No evidence was presented that the phone had any value independent of the contract cost, much less that it was worth more than $100. As a result, appellant could only be found to have committed a second-degree petit theft, as defined in section 812.014(3)(a), Florida Statutes (2005)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 4790944
...eprive the victim of the right to or benefit from the property or appropriate the property to one's own use or the use of another unauthorized person, when (3) the property is valued at greater than $100 but less than $300 and taken from a dwelling. § 812.014(2)(d), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2003 WL 22799549
...I concur with the majority based on my reading of section
440.11, Florida Statutes (1991), which provides for worker's compensation immunity if "the conduct which caused the alleged injury ... was not a violation of the law." Under the explicit language of section
812.014, Florida Statutes (1991), it is clear that both Ritz and Barcinas committed theft of the backhoe, an offense which is a continuing one. Section
812.014 explicitly proscribes "use" of "the property of another" as a *1291 necessary element for the offense of theft....
...the course and scope of said managerial or policymaking duties and was not a violation of a law, whether or not a violation was charged, for which the maximum penalty which may be imposed exceeds 60 days imprisonment as set forth in s.
775.082. [2] Section
812.014, Florida Statutes (1991) provides that a person commits a theft if he knowingly obtains or uses ......
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2004 WL 2633298
...y withdrew his objection and motion. Therefore, this issue was not preserved. Thompson next argues that the dual convictions for grand theft violated double jeopardy where one was based on the taking of a firearm during the burglary, in violation of section 812.014(2)(c)(5), Florida Statutes (2000), and the other was based on the taking of "various personal items" valued between $300 and $5000, in violation of section 812.014(2)(c)(1)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 2639
...it the criminal offense. We have concluded from a careful review of all of the evidence that the adjudication of delinquency must be reversed because the evidence does not support a finding of intent to commit theft. In a prosecution for theft under section 812.014, Florida Statutes (1983), the state must prove the accused's "intent to deprive another person of a right to or benefit from the property involved." Council v....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3408308
...We affirm the trial court's finding of guilt of the delinquent act of burglary without further discussion but reverse the finding of guilt as to the grand theft. An essential element of third-degree grand theft is proof that the value of the stolen property is $300 or more at the time of the theft. § 812.014(2)(c)(1), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3408306
...Bill McCollum, Attorney General, Tallahassee, and Elba Caridad Martin, Assistant Attorney General, Tampa, for Appellee. WALLACE, Judge. Kelvin Pearce challenges a restitution order imposed after he pleaded guilty to petit theft, a first-degree misdemeanor. § 812.014(2)(e), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1989 WL 136139
...Butterworth, Atty. Gen., and Patricia Ann Ash, Asst. Atty. Gen., for appellee. Before HUBBART, NESBITT and JORGENSON, JJ. PER CURIAM. J.O., a juvenile, appeals an adjudication of delinquency predicated on burglary, §
810.02, Fla. Stat. (1987), and grand theft, §
812.014, Fla....
...Accordingly, we affirm the adjudication of delinquency for burglary; we reverse the adjudication of delinquency for grand theft and remand with directions to adjudicate J.O. delinquent for petit theft. D.L. v. State,
546 So.2d at 454; J.G. v. State,
544 So.2d 317 (Fla. 3d DCA 1989); §
812.014(2)(d)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 6322, 2011 WL 1661010
...Pam Bondi, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee. POLEN, J. Appellant, Larry Williams, appeals the trial court's judgment and sentence, adjudicating him guilty of grand theft in violation of section 812.014, Florida Statutes (2006), and sentencing him to five years in prison....
...ach element of the offense, but the evidence must also exclude the defendant's reasonable hypothesis of innocence." Id. To establish grand theft, the State must prove that the value of the stolen property is "$300 or more, but less than $5,000," see § 812.014(2)(c)(1), Fla....
...currency alleged to have been taken from Rhoat, the amount of U.S. currency found on Williams, and the link between the U.S. currency recovered from Williams and the U.S. currency alleged to have been stolen from Rhoat. Consequently, the State failed to prove the required elements of section 812.014, Florida Statutes (2006)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 7324, 2010 WL 2106590
...nt to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property. (b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property. § 812.014, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 1309
...*225 James Marion Moorman, Public Defender, and Michael E. Raiden, Asst. Public Defender, Bartow, for appellant. Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee. LEHAN, Judge. We affirm defendant's conviction for felony petit theft, a violation of section 812.014(2)(c), Florida Statutes (1983)....
...He was charged with felony petit theft on the basis that he had previously been convicted of misdemeanor petit theft and also of grand theft and that his conviction for his current offense constituted his third conviction within the meaning of the foregoing statute. Section 812.014(2)(c) provides that, "Upon a third or subsequent conviction for petit theft, the offender shall be guilty of a felony of the third degree......
...Harris,
356 So.2d 315 (Fla. 1978), and Ezell v. State,
384 So.2d 1309 (Fla. 2d DCA 1980), support the conviction of defendant for felony petit theft. In Harris the Florida Supreme Court analogized section 812.021(3), Florida Statutes (1977), the predecessor of section
812.014, Florida Statutes (1983), with section
775.084, the habitual felony offender statute, saying that the two statutes "are essentially identical, with similar purposes, and should afford to a defendant the same procedural safeguards."
356 So.2d at 316....
...misdemeanor. "Surely the legislature did not intend to punish a defendant who has committed two misdemeanors more severely than one who has committed a felony and a misdemeanor."
384 So.2d at 1310. Similarly, in the case at hand we conclude that in section
812.014(2)(c) the legislature did not intend to punish defendant who had committed a prior felony and a prior misdemeanor less severely than one who had committed two prior misdemeanors....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 5862, 2009 WL 1424068
...r received the instruction from his probation officer. Thus, the State failed to prove a violation of Condition 10 and the trial court abused its discretion in finding a violation of that condition. As to Condition 8, grand theft of a motor vehicle, section 812.014(1), Florida Statutes (2007), states: A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property. (b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property. Theft of a motor vehicle constitutes grand theft. § 812.014(2)(c)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2003 WL 21105386
...He raises several points on appeal, only one of which merits discussion. Appellant contends that he was improperly convicted of grand theft because the state failed to introduce competent evidence that the value of the items stolen exceeded $300.00. § 812.014(2)(c)1, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1074014
...We conclude that the circuit court departed from the essential requirements of law by applying the incorrect statute of limitations and grant the State's petition for writ of certiorari. [1] On December 14, 1998, Telesz was charged by information with petit theft, a first-degree misdemeanor defined in section 812.014, Florida Statutes (1997)....
...Although Telesz notes that there are no district court decisions involving this issue, several districts have held that section
812.035(10), instead of section
775.15, applies to the offense of grand theft. We find these cases persuasive because grand theft, like petit theft, is defined in section
812.014....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1996 WL 238510
...The appellant was charged with four counts of robbery with a firearm (counts I-IV), in violation of section
812.13(1) and (2)(a), Florida Statutes (1991), aggravated battery with a firearm (count V), in violation of section
784.045, Florida Statutes (1991), and grand theft of a motor vehicle (count VI), in violation of section
812.014(2)(c)4, Florida Statutes (1991)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2005 WL 545130
...eft of a firearm under subsection *1024 (2)(b)3 and theft of property worth less than one hundred dollars under subsection (2)(c) separate and distinct offenses, even where the thefts occur in a single criminal episode. It is clear from a reading of section 812.014 that the legislature intended to treat the theft of different types of property as separate criminal offenses and to establish distinct punishments for the separate offenses....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 4188, 2010 WL 1222952
...8-CF-6526. [1] We affirm the revocation of probation and sentence in case number 07-CF-20505. In case number 08-CF-6526, we affirm the revocation of probation, but we reverse the five-year sentence on the first-degree misdemeanor of petit theft. See § 812.014(3)(b), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2005 WL 723818
...Sufficiency of the Evidence In order to prove that appellant committed theft, the State was required to prove that appellant (1) knowingly, (2) obtained or endeavored to obtain, (3) the property of another, (4) with the intent to permanently or temporarily deprive the other person of the property. See § 812.014(1)(a) & (2)(c)1., Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2007 WL 935011
...tent to either temporarily or permanently deprive DEPT OF REVENUE of a right to the property or a benefit thereof, or did appropriate the said property to his own use or to the use of any person not entitled thereto, in violation of Florida Statutes 812.014(1) and 812.014(2)(a);....
...nce exists to sustain a conviction." Pagan,
830 So.2d at 803 (citing Banks v. State,
732 So.2d 1065 (Fla.1999)). Sutton,
834 So.2d at 334. We begin our review with an analysis of the statutory provisions Isenhour was charged with violatingsections
812.014(1) and
812.014(2)(a), Florida Statutes (2003). Legal Analysis In determining whether the State's successful prosecution for the violation of sections
812.014(1) and
812.014(2)(a) is sustainable, we must consider "whether the evidence presented by the State was legally sufficient to establish any of the traditional common law offenses embraced within the statutory definition of theft." Nooe v. State,
892 So.2d 1135, 1139 (Fla. 5th DCA 2005) (citing Crawford v. State,
453 So.2d 1139, 1141 (Fla. 2d DCA), pet. for review denied,
459 So.2d 1041 (Fla. 1984)). The omnibus theft statute found in section
812.014 is broad in application and includes the old offenses of misappropriation, embezzlement, and conversion, but requires that the defendant have the intent to deprive, either temporarily or permanently, "the other person of a right to th...
...nd were carefully kept separate, apparently due to Cambridge Academy's zealous efforts to retain its accreditation. [2] Prior to the trial, the State had agreed to allow Pulte to take the tax credits because it had given the money in good faith. [3] § 812.014(1)(a), Fla. Stat. (2003). [4] § 812.014(1)(b), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1988 WL 23654
...loyee was taken down the track he was taken, but the train stops here. His conviction is reversed because there is no proof of an essential element of the crime of grand theft; that being that the property he used or obtained belonged to the county. § 812.014(1), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2000 WL 293225
...Hurley, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Thomas Leonard Sheppard appeals his judgment and sentence for filing a fraudulent insurance claim, a violation of section
817.234, Florida Statutes (1997), and for grand theft, a violation of section
812.014, Florida Statutes (1997)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 3336, 2010 WL 934075
..."Generally, an appellate court will not reverse a conviction which is supported by competent, substantial evidence." Id. To establish grand theft, the State must prove beyond a reasonable doubt that the value of stolen property is "$300 or more, but less than $5,000." See § 812.014(2)(c)1., Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1993 WL 74294
...We have already decided this issue adversely to Fraser's position in the first appeal where we stated: As to the civil theft claim, a jury could conclude that Fraser committed the acts described with the intent to deprive Aspen of its property and appropriate it to his own use knowing that he was not entitled to do so. See section 812.014(1), Florida Statutes....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1991 WL 32108
...We agree and reverse the imposition of costs. See Mays v. State,
519 So.2d 618 (Fla. 1988); Jenkins v. State,
444 So.2d 947 (Fla. 1984). AFFIRMED IN PART; REVERSED IN PART. ANSTEAD and WARNER, JJ., and WALDEN, JAMES H., (Retired) Associate Judge, concur. NOTES [1] Section
812.014(2)(c)(1) requires that the value of the property be at least $300 at the time of the offense.
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 757
...Butterworth, Atty. Gen., Tallahassee, and Kevin Kitpatrick Carson, Asst. Atty. Gen., Daytona Beach, for appellee. UPCHURCH, Chief Judge. Roger Armontrout appeals a judgment of guilt and the sentence for grand theft in the second degree in violation of section 812.014, Florida Statutes (1985), imposed after jury trial....
...The third issue is whether the California offense for taking a motor vehicle was properly scored as a felony. Florida Rule of Criminal Procedure 3.701(d)(5)(a)(5) provides that out of state convictions shall be scored by analogous or parallel Florida Statutes. In Florida the taking of a motor vehicle is a felony under section 812.014(2), Florida Statutes (1985)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1993 WL 186551
...Public Defender, Tallahassee, for appellant. Robert A. Butterworth, Atty. Gen., and Michelle A. Konig, Asst. Atty. Gen., Tallahassee, for appellee. ZEHMER, Judge. T.J. pleaded nolo contendere to a charge of delinquency for committing petty theft, a misdemeanor defined in section 812.014(2)(d), Florida Statutes (1991)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1988 WL 62670
...th felony petit theft and his sentence for that crime violates his constitutional due process rights. In State v. Harris,
356 So.2d 315 (Fla. 1978), the Florida Supreme Court held (1) that the felony petit theft statute (then section 812.021(3), now section
812.014(2)(c), Florida Statutes see note 1 below) created a substantive offense, and (2) that the required two or more prior petit larceny convictions are elements of that *296 substantive offense which must be specifically alleged and proved....
...heft convictions can be made to the court in a separate proceeding after the jury finds the defendant guilty of the charged petit larceny offense. The holding in Harris was not the only construction available. The supreme court could have found that section 812.014(2)(c), Florida Statutes (Supp....
...2d DCA 1969). Flarity's convictions of, and punishment for, felony petit theft should be reversed [14] and this cause remanded for adjudication of, and sentence for, petit theft [15] as directed and mandated by our prior opinion in this case. [16] NOTES [1] Section 812.014(2)(c), Florida Statutes (Supp....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1996 WL 338831
...Thereafter, the trial court granted Hurley's motion for judgment of acquittal as to both counts. This was error. A person commits theft by knowingly obtaining or using another's property with the intent to, either temporarily or permanently, appropriate the property to his own use. § 812.014, Fla....
...Hurley willfully misrepresented to the victim that he would send the money to the Georgia dealership as a deposit. See §
812.012, Fla. Stat. (1993). Instead, he appropriated the money to his own use by cashing the check and keeping all of the money. See §
812.014, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1382
...June 20, 1986. Terry P. Lewis, Sp. Asst. Public Defender, Tallahassee, for appellant. *183 Jim Smith, Atty. Gen., John W. Tiedmann, Asst. Atty. Gen., Tallahassee, for appellee. SMITH, Judge. Johnson appeals his convictions on six counts of grand theft, section 812.014, Florida Statutes (1983)....
...ne theft, and that the aggregate value of the property taken was less than $100. We reverse. Appellant was charged by amended information with six counts of grand theft, two counts of forgery, and two counts of uttering forged money orders, sections
812.014,
831.01 and
831.02, Florida Statutes (1983)....
...In analyzing a criminal statute to discern legislative intent, a strict reading is required, based upon the rule of lenity in construing penal statutes. Watts v. State,
440 So.2d 505, 507 (Fla. 1st DCA 1983), result approved,
462 So.2d 813 (Fla. 1985). [2] Here, the statute under which appellant was prosecuted, section
812.014(2)(b)1, Florida Statutes (1983), provides that a person may be found guilty of grand theft if: ......
...This statute is ambiguous on its face as to the allowable "unit of prosecution," since no limiting or expansive language such as "a" or "any" is used with reference to property stolen. Compare Grappin v. State,
450 So.2d 480 (Fla. 1984) (use of article "a" in reference to theft of firearms under section
812.014(2)(b)3 indicated legislative intent to allow multiple punishments for stealing a number of firearms from one person at the same time), with State v....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1450
...Allen, Public Defender and Glenna Joyce Reeves, Asst. Public Defender, Tallahassee, for appellant. Jim Smith, Atty. Gen. and Gregory G. Costas, Asst. Atty. Gen., Tallahassee, for appellee. JOANOS, Judge. Appellant was charged with grand theft of an outboard motor in violation of Section
812.014, Florida Statutes, and trafficking in stolen property, in violation of Section
812.019(2), Florida Statutes....
...Appellant maintains, and the State agrees, that the evidence in this case will not support a conviction under Section
812.019(2), since "an individual who steals and traffics in only his own stolen goods is subject to theft and trafficking charges under Section
812.014 and
812.019(1), but may not be charged with `organizing' under Section
812.019(2)." Goddard v....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2356691
...Giambalvo, Assistant Public Defender, Bartow, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Chandra Waite Dasrat, Assistant Attorney General, Tampa, for Appellee. NORTHCUTT, Chief Judge. The circuit court adjudicated M.D.S. delinquent for grand theft of a motor vehicle. § 812.014(2)(c)(6), Fla....
...In order to establish the crime of theft, the State must prove that the accused "knowingly" obtained or used the property of another with the intent to deprive that person of the use of the property or to appropriate the property to the accused's use. § 812.014(1)....
...§
812.012(3)(a), (b) (defining the term "obtains and uses" for purposes of chapter 812). Thus, if a defendant possesses property that he knows is stolen, he can be convicted of theft. See Jackson v. State,
736 So.2d 77, 83 (Fla. 4th DCA 1999) (noting that the present section
812.014(1) encompasses acts formerly prosecuted as receiving stolen property)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 11853, 2011 WL 3198822
..., either temporarily or permanently... [d]eprive the other person of a right to the property or a benefit from the property... [or][a]ppropriate the property to his or her own use or to the use of any person not entitled to the use of the property." § 812.014(1)(a), (b), Fla....
...e." Here, the victim's uncontroverted testimony was that her purse contained $400 in cash when it was taken. Indeed, the trial court entered a restitution order in that amount. This would support a conviction of third-degree felony grand theft under section 812.014(2)(c)1....
...State,
944 So.2d 203, 207 (Fla. 2006) (holding a lesser included offense need not be lesser in both degree and in penalty). However, the jury was not given the option of finding Appellant guilty of felony theft as a lesser included offense. Consequently, pursuant to section
812.014(1), we direct the trial court to enter a judgment against Appellant for misdemeanor theft, the lesser included offense for which the jury was instructed it could find Appellant guilty. Conclusion For the reasons explained above, we reverse the judgment as to robbery by sudden snatching and direct the trial court to enter a judgment for theft pursuant to section
812.014(1), and resentence Appellant accordingly....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 1751, 1988 Fla. App. LEXIS 3332
that he committed petit theft in violation of section
812.014(2)(c), Florida Statutes (1985). Both petitions
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 170875
...CENTER OF VOLUSIA COUNTY, INC., or any other person not the defendant(s) of the property or benefit therefrom or to appropriate the property to the use of FRANKLIN W. NOOE or to the use of any person not entitled thereto, contrary to Florida Statute 812.014(1) and (2)(a)....
...Law,
559 So.2d 187, 189 (Fla.1989). We review the record de novo to determine whether sufficient evidence supports the verdict. Williams v. State,
742 So.2d at 511. (Emphasis in original). Before addressing the evidence, analysis of the omnibus theft statute, section
812.014, Florida Statutes, is necessary....
...In particular, the theft statute provides: A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property. *1139 § 812.014(1)(a), Fla....
...e defendant knowingly obtained or endeavored to obtain the property of another, with intent to deprive the owner of property, and the State must prove that the felonious intent existed at the time of the taking. In considering this prosecution under section 812.014, this Court considers whether the evidence presented by the State was legally sufficient to establish any of the traditional common law offenses embraced within the statutory definition of theft....
...This is particularly true *1140 given the evidence that the defendant wrongfully used money belonging to the Center (see discussion infra ). While the State did not adduce evidence directly tracing the entire $70,125.65 into the defendant's own pockets, in a prosecution under section 812.014, the State needed only show that the defendant obtained the property of the Department with the intent to either temporarily or permanently deprive that entity of its right to the property....
...mployees. While the State adduced overwhelming evidence showing that the defendant had committed a theft from the Department, the question exists as to whether the State established the offense of grand theft of over $100,000, a first degree felony. Section 812.014(2), Florida Statutes, provides in relevant part: (2)(a)1....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1992 WL 15904
...TATES CURRENCY of the value of $300 or more, the property of WALTON COUNTY, with the intent to temporarily or permanently deprive the county of a right to the currency or a benefit therefrom or to appropriate the currency to his own use, contrary to Section 812.014, Florida Statutes....
...to temporarily or permanently deprive the county of a right to the services or property or a benefit therefrom or to appropriate the property or services to his own use or to the use of CLIFTON HALL d/b/a B & H EARTH MOVING CONTRACTORS, contrary to Section 812.014, Florida Statutes....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1997 WL 1706
...e crime committed in a single episode if each crime requires proof of an additional element not required by the other. The crime of theft requires either depriving the owner of his property or appropriating the property of another for one's own use. § 812.014, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 554, 2010 WL 323035
...812.012-812.037 has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts. Under section 812.014, Florida Statutes (2001), the only statutory section potentially applicable to Mulholland's claims, a person "commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another[.]" Section...
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1999 WL 35215
...We therefore vacate the sentences and remand for resentencing. On the ground that improper impeachment testimony was allowed, Mr. Johnson argues for reversal of his convictions for armed [1] burglary of a dwelling under section *360
810.02(2)(b), Florida Statutes (Supp.1996), and for grand theft under section
812.014(2)(c), Florida Statutes (1995)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 335
committed the crime of petit theft under section
812.014, the State was required to establish that A
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1999 WL 13032
...ble to A.J.R.'s adjudication, the evidence at best established that he was a passenger in a previously-stolen vehicle. This fact was insufficient to prove a criminal intent to deprive or appropriate property, as required under the theft statute. See § 812.014(1), Fla....
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida
...y to the charge of grand theft in the second degree [1] which includes the crime of embezzlement. [2] 4. On December 15, 1988, the State Court entered a Judgment adjudicating Defendant guilty of grand theft in the second degree pursuant to Fla.Stat. 812.014(2)(b)....
...It is further ORDERED, ADJUDGED AND DECREED that by separate order, the Court will set a final evidentiary hearing to allow Plaintiff to establish any nondischargeable amounts in excess of that allowed herein under Section 523(a)(4). DONE AND ORDERED. NOTES [1] Fla.Stat. § 812.014 defines theft as (1) A person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property of a benefit therefrom....
...(2)(b) If the property stolen is valued at $20,000 or more, but less than $100,000, the offender is guilty of grand theft in the second degree, punishable as a felony of the second degree, as provided in ss.
775.082,
775.083, and
775.084. [2] Fla.Stat.
812.014 (1989), the omnibus theft statute, incorporates into its terms the former separate offenses of stealing, larceny, purloining, abstracting, embezzlement, misapplication, misappropriation, conversion, and obtaining money or property by false pretenses, fraud, or deception....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1995 WL 46556
...was essentially the seller. The complaint contained causes of action for fraud (Count I), unjust enrichment (Count II), and a count under the Civil Remedies for Criminal Practices Act, section
772.11, Florida Statutes (1993), based on a violation of section
812.014(1), Florida Statutes (1993), which we will refer to as Count III or the civil theft count....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 985, 2010 WL 391815
...*712 The Theft Convictions As to Ginn's convictions for grand theft, the State was required to prove that Ginn knowingly obtained the property of another with the intent to either deprive the other person of the property or appropriate the property for his own use. See § 812.014, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...llant from the cause. The state concedes, and we agree, that the appellant's mere presence as a passenger in the stolen motor vehicle in this case, without more, represents insufficient evidence upon which to convict him of motor vehicle theft under Section 812.014(1), (2)(b)4, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2006 WL 406958
...Joshua Saddler (Appellant), who worked as an assistant manager at Wal-Mart in *778 Gainesville, was charged with grand theft of more than $300.00 and less than $20,000.00 at Wal-Mart between April 16 and April 20, 2003 (Count One); on May 2, 2003 (Count Two); and on April 24, 2003 (Count Three), in violation of section 812.014(2)(c)1., Florida Statutes (2003) (defining "theft" as knowingly obtaining or using, or endeavoring to obtain or use, another's property with intent, temporarily or permanently, either to deprive another of that property or a benefit t...
...tenses, representations, or promises or willful misrepresentations of a future act") (Count Four). A jury found Appellant guilty in all four counts, as charged. The charged crimes of which Appellant was convicted are all third-degree felonies. See §§
812.014(2)(c) &
817.034(4)(a)3., Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2001 WL 85530
...The theft statute Siegel is charged under provides in part: A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property. § 812.014(1)(a), Fla.Stat....
...*428 Stack,
997 F.2d 1356, 1362 (11th Cir.1993)("under Florida law, a conversion occurs in violation of the criminal theft statute when a person who has the right to possession of property demands its return, and the property is not relinquished"). [3] REVERSED. COBB and PLEUS, JJ., concur. NOTES [1] §
812.014(2)(c)(2), Fla.Stat....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 1636, 2010 WL 532870
...s improper, he did not advise the county that he was submitting reimbursement requests as if the requirement did not exist. The initial information charged one count of official misconduct under section
838.022, and eight counts of grand theft under section
812.014, Florida Statutes (2007)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 68
...terms and conditions of his probation. We reverse and remand for resentencing. Appellant was originally placed on probation after pleading guilty to burglary in violation of section
810.02(3), Florida Statutes (1983) and grand theft in violation of section
812.014(2)(b)(1), Florida Statutes (1983)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1994 WL 406603
...We remand for the sole purpose of correcting the scrivener's error. Mosco need not be present. AFFIRM; REMAND to correct scrivener's error. PETERSON and THOMPSON, JJ., concur. NOTES [1] §
810.02(3), Fla. Stat. (1993). [2] §
784.045(1)(a), Fla. Stat. (1993). [3] §
810.06, Fla. Stat. (1993). [4] §
812.014(1) and (2)(c)1, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 13053, 2011 WL 3659458
...At his first trial the jury acquitted him of second-degree murder and aggravated battery. The jury hung on the third-degree felony murder count, and the State retried Colletti on that charge. The information identified Colletti's underlying felony as the grand theft of items he took from the victim's residence. Section 812.014(2)(d), Florida Statutes (2008), establishes the crime of third-degree grand theft when property valued at $100 or more is taken from a dwelling or the curtilage of a dwelling....
...Specifically, the plan was to convince the victim to open his wall safe so that Colletti could obtain his repayment. Thus, the State asserted, it proved that Colletti had "endeavored" to commit grand theft because he was seeking *501 repayment of sums in excess of the $100 threshold. See § 812.014(1) ("A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or use, the property of another...."); State v....
...act. A person commits theft if he " knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently" deprive the owner of the property or appropriate the property to his own use. § 812.014(1) (emphases supplied)....
...The statute pays no heed to the perpetrator's knowledge or intent when delineating the degrees of the crime based on the value of the property taken. Thus, as was alleged in this case, the theft would be a third-degree felony "if the property stolen is valued at $100 or more, but less than $300" and is taken from a dwelling. § 812.014(2)(d) (emphasis supplied)....
...In construing statutory language similar to the instant statute, this Court concluded that the words "or endeavors" reveals a legislative intent to define the substantive offense as including the attempt to commit the substantive offense. See Sykes,
434 So.2d at 327 (finding that second-degree grand theft, as defined in section
812.014, included an attempt to commit second-degree grand theft)....
...heir existence or value. We must reverse Colletti's conviction for third-degree felony murder because the evidence was insufficient to prove the underlying felony, grand theft. Although the evidence would have supported a conviction for petit theft, § 812.014(3)(a), that crime cannot form the basis of a felony murder charge....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1998 WL 472651
...The statewide prosecutor has jurisdiction where the offense or offenses occur "as part of a related transaction." Importantly, the information consolidated all four thefts and charged Snyder with only one count of Grand Theft in the Second Degree, in violation of subsections
812.012(9)(c) and
812.014(2)(b), Florida Statutes (1995)....
...iction to bring the grand theft charge against Snyder as part of a related transaction involving numerous thefts committed in two or more judicial circuits. We affirm the judgment and sentence. AFFIRMED. W. SHARP and THOMPSON, JJ., concur. NOTES [1] § 812.014(2)(b), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1999 WL 619350
...ounce those special conditions. See State v. Williams,
712 So.2d 762 (Fla. *589 1998); Jackson v. State,
685 So.2d 1386 (Fla. 5th DCA 1997). REVERSED in part; REMANDED. DAUKSCH and COBB, JJ., concur. NOTES [1] §
812.13(2)(a), Fla. Stat. (1995). [2] §
812.014(2)(c), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...Gen., West Palm Beach, for appellant. Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellee. BERANEK, Judge. This is an appeal by the State from an order dismissing an information charging defendant with grand theft under Section 812.014 Florida Statutes (1977)....
...Defendant/appellee filed a motion to dismiss the information pursuant to Fla.R.Crim.P. 3.190(c)(4). The State did not traverse the motion and at the hearing thereon the State stipulated to the facts stated in defendant's motion. The defendant was found in possession of stolen property. [1] The State charged theft under Section
812.014 Florida Statutes (1977). The trial court dismissed the information on the announced basis that possession of stolen property could not be charged under the theft statute (Section
812.014 Florida Statutes (1977)), but instead the State was limited to a charge under Section
812.019 Florida Statutes (1977), relating to dealing in stolen property....
...Lewis,
364 So.2d 1223 (Fla. 1978); State v. Allen,
362 So.2d 10 *87 (Fla. 1978), and Lancaster v. State,
369 So.2d 687 (Fla.1st DCA 1979); we hold that knowing and intentional possession of stolen property is properly charged under the theft statute, Section
812.014 Florida Statutes (1977)....
...State,
336 So.2d 1284 (Fla.2d DCA 1976). From our review of the record, we are convinced that this argument was not presented to or ruled upon by the trial court. The motion to dismiss and the argument thereon were designed solely to test whether the charge was proper under Section
812.014 Florida Statutes (1977) or Section
812.019 Florida Statutes (1977)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1997 WL 162740
...mentioned in s.
831.01 knowing the same to be false, altered, forged or counterfeited, with intent to injure or defraud any person, shall be guilty of a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. [3] Section
812.014(1), Florida Statutes (1993), provides: A person commits theft if he knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit therefrom....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2006 WL 888159
...committed attempted battery and, consequently, to hold a new disposition hearing). J.S.'s other claims of error raised on appeal are without merit. REVERSED and REMANDED. PLEUS, C.J. and SAWAYA, J., concur. NOTES [1] §§
784.07(2)(b);
777.04, Fla. Stat. (2004). [2] §
812.014, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 1733280
...*275 Next, Allwine contends that the trial court erred in denying his motion for judgment of acquittal on the grand theft count where the state failed to prove the value of the property at the time of the theft exceeded $300, as required in a prosecution for grand theft of the third degree. See § 812.014(2)(c)1., Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2004 WL 784855
...2) He did so with intent to, either temporarily or permanently, deprive victim of his or her right to the property or any benefit from it or appropriate the property to the defendant's own use or to the use of any person not entitled to it. 3) The value of the property taken was $300 or more but less than $20,000. See § 812.014, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 999
...Pursuant to Section
775.084(3)(b), Florida Statutes, the state filed a notice of habitual offender status. On the appellant's guideline scoresheet, the primary offense at conviction, grand theft, was then incorrectly scored as a second degree felony, rather than as a third degree felony as provided by Section
812.014(2)(b), Florida Statutes....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 735636
...Because vacating the conviction for grand theft does not affect Ward's sentence, he need not be resentenced. AFFIRMED in part; REVERSED in part. PALMER and ORFINGER, JJ., concur. NOTES [1] §
812.13(2)(a), Fla. Stat. [2] §
784.021(1)(a), Fla. Stat. [3] §
812.014(2)(c), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 2012 WL 3853528
files constituted acts of criminal theft under section
812.014, Florida Statutes (2001), and that theft inherently
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 13 Fla. L. Weekly 2299, 1988 Fla. App. LEXIS 4908, 1988 WL 115839
...Miller gave Wallace, as security for the payment of his debt, the title to a vehicle and a power of attorney, thus creating a lien which had an ascertainable value to Wallace. Under chapter 812 one who deprives another of the right to property or "a benefit therefrom," § 812.014(1)(a), Fla....
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 20 Fla. L. Weekly Fed. B 104, 2006 Bankr. LEXIS 3537
...[1] Garmendia alleged that she was defrauded into making the investment, and as a result she was damaged. See id., ¶¶ 4, 20, 21, 37-40, 42-44. Garmendia further alleged that the fraud practiced upon her was a "civil theft" violative of Fla. Stat. § 812.014 and, consequently, pursuant to Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2001 WL 1159788
...hone cards to a relative affiliated with Wal-Mart who would then have un lawfully validated the cards herself. That the situation may have involved the potential commission of still other crimes does not affect the value of the property stolen under section 812.014(2), Florida Statutes (2000), which is the only issue before us....
...On the holding therefore that the value of the cards was not only not more than $300.00, see also Spencer v. State,
217 So.2d 331 (Fla. 4th DCA 1968), cert. denied,
225 So.2d 528 (Fla.1969), but less than $100.00, the order under review is reversed for reduction of the offense to petit theft of the second degree. §
812.014(3)(a), Fla....
...ing "intangible personal property, including rights, privileges, interests, and claims." Given this definition, the court concluded that "credit on a charge account is property which may be the subject of theft under Florida's omnibus theft statute, section 812.014, Florida Statutes (1979)." Id....
...Defendant's intent was not to steal a relatively worthless piece of plastic, but rather the credit contained therein. Defendant did not steal the telephone cards that retailed for ten, fifteen or twenty dollars. His clear intent was to steal cards that offered much more. In the language of section 812.014, defendant "endeavor[ed] to obtain or use the property of another," which property was valued at more than $300.00....
...cards is less than $300.00), all constitute the same offense regardless of the credit available on the cards-petit theft. This conclusion is simply unreasonable and makes for poor public policy. I would apply the logic of Scott and affirm. NOTES [1] Section
812.014(2)(c), Florida Statutes (2000), provides: (c) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084, if the property stolen is: 1. Valued at $300 or more, but less than $5,000. [2] Section
812.014(3)(a), Florida Statutes (2000), provides: (3)(a) Theft of any property not specified in subsection (2) is petit theft of the second degree and a misdemeanor of the second degree, punishable as provided in s....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 15822, 2009 WL 3364953
...s in section
775.15(2)(b). Section
812.035(10) provides that "a criminal ... action or proceeding under ss.
812.012-812.037 or s.
812.081 may be commenced at any time within 5 years after the cause of action accrues." The State reasoned that because section
812.014(2)(a)2 pertains to the theft of cargo valued at $50,000 or more, and section
812.019(1) pertains to dealing in stolen property, the five-year statute of limitations is applicable....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 WL 2673708
...Therefore, we conclude Cosby should be resentenced using a corrected scoresheet. Therefore, we REVERSE and REMAND so that the trial court may sentence Cosby using the corrected scoresheet. SHARP, W. and MONACO, JJ., concur. NOTES [1] §
812.019(1), Fla. Stat. (2003). [2] §
812.014(2), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 630, 2014 Fla. LEXIS 3070, 2014 WL 5285923
...prove his or her innocence, or refuting an element of the crime.’ ” (quoting Rivera
v. State,
840 So. 2d 284, 288 (Fla. 5th DCA 2003))).
During Warmington’s trial, the State fully carried its burden of proof under
the requirements of Florida law. See §
812.014(1), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 16072, 2011 WL 2031302
...To support this argument, the defendant relies on the "a/any" test which our supreme court approved in Grappin v. State,
450 So.2d 480 (Fla.1984). There, the court considered whether the unlawful taking of two or more firearms during the same criminal episode was subject to separate prosecution as to each firearm under section
812.014(2)(b)3., Florida Statutes (1981). Id. at 481. Under that statute, "[i]t is grand theft ... if the property stolen is ... [a] firearm." [4] The court found that the use of the article "a" in reference to "a firearm" in section
812.014(2)(b)3....
...the person so writing or composing and so sending or procuring the sending of such letter or communication, shall be guilty of commits a felony of the second degree.... Ch. 2010-51, § 1, Laws of Fla. [4] That portion of the statute now is found at section 812.014(2)(c)5., Florida Statutes (2010)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...Defendant, Frederick Russell, challenges concurrent five-year prison sentences imposed outside the recommended sentencing guidelines for eleven counts of uttering a forged instrument contrary to section
831.02, Florida Statutes (1983), four counts of grand theft contrary to section
812.014, Florida Statutes (1983), and three counts of burglary contrary to section
810.02(3), Florida Statutes (1983)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2005 WL 3180036
...The effect of subsection
777.04(5), Florida Statutes, is to expand the availability of the defense to the charge of attempt, where at common law the defense would not otherwise have been available. Id. at 1067 n. 3 (emphasis added). Here, the state charged Longval with grand theft under section
812.014, Florida Statutes (2004). Under that statute, a person commits theft if "he or she knowingly obtains or uses, or endeavors to obtain or use, the property of another" with the appropriate criminal intent. §
812.014(1), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 17382
property at the time of the theft is $300 or more. §
812.014(2)(c), Fla. Stat. (2009). “Value means the market
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 WL 5170285
...We reverse with directions to enter judgment for the lesser included offense of petit theft and for resentencing. On a charge of grand theft of the third degree, the state is required to prove that the value of the stolen property at the time of the theft is $300 or more. § 812.014(2)(c), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 29 Fla. L. Weekly Fed. D 2624
...NOTES [1] Section
775.084(1)(b), Fla. Stat. (2000). [2] §§
812.133(1), (2)(a);
775.087(2)(a)1, Fla. Stat. (2000). [3] §§
810.02(1), (2)(b);
775.087(2)(a)1, Fla. Stat. (2000). [4] §
784.021(1)(a), Fla. Stat. [5] §§
810.02(1), (2)(b);
810.07, Fla. Stat. [6] §
812.014(1), (2)(c)5, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2005 WL 3077212
...Thus, our opinion should not be interpreted as either agreeing or disagreeing with the trial court's ruling in this regard. In a new trial, this issue may be revisited. [2] The issues of whether the theft of a testamentary instrument as defined in section 812.014(2)(c)(4), Florida Statutes (2003), is a specific intent crime or whether the evidence in this case supported a finding of specific intent are not issues presented in this appeal.
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3330764
...was ordered to pay because the State failed to prove a nexus between the victim's loss and the trespass charges admitted in G.C.'s no contest plea. G.C. allegedly entered the property of D.B. Construction and took an all-terrain vehicle called a "Gator cart." He was charged with grand theft of a motor vehicle, § 812.014(2)(c)(6), Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 6224
possessed the specific criminal intent required by section
812.014, Florida Statutes (1993), to sustain a conviction
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...Once that threshold burden is met, it becomes the jury's duty to determine whether the evidence is sufficient to exclude every reasonable hypothesis of innocence beyond a reasonable doubt. In the instant case, Joseph was charged with and convicted of grand theft auto under section 812.014, Florida Statutes (2005)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 7036
person, when (3) the property is a motor vehicle. §
812.014(1), (2)(c)(6), Fla. Stat. (2008). The evidence
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2003 WL 2002549
...We vacate his conviction and sentence for filing a false and fraudulent insurance claim on double jeopardy grounds. We affirm the remaining convictions and sentences without discussion of the other points on appeal and cross-appeal. The State properly concedes that Hays' convictions for both grand theft, pursuant to section
812.014(2)(b), Florida Statutes (1999), and filing a false and fraudulent insurance claim, pursuant to section *706
817.234(1)(a), Florida Statutes (1999), violate double jeopardy principles....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 6929, 2010 WL 1979276
...The Officer observed a broken steering column, wires sticking out of the ignition and that the ignition had been removed. Officer Crocker was unable to turn off the vehicle and it had to be towed while the engine was running. The defendant was charged with third-degree grand theft of a vehicle in violation of section
812.014(2)(c)(6), Florida Statutes (2004), willfully fleeing or attempting to elude a police officer in violation of section
316.1935(1), Florida Statutes (2004) and resisting an officer without violence in violation of section
843.02, Florida Statutes (2004)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1996 WL 106377
...p and Jemison used his personal funds to make up shortfalls. At the conclusion of trial, the trial court found that Seabridge committed civil theft as defined by section
772.11, Florida Statutes (1991), by reason of violation of sections
713.345 and
812.014, Florida Statutes (1991)....
...qualifying agent for Seabridge under chapter 489, Florida Statutes (1993). We reject the trial court's determination that Seabridge can be found guilty of civil theft as defined by section
772.11 [1] , by reason of violation of sections
713.345 and
812.014....
...But there is nothing in the specified statutes deeming a violation of section
713.345 to be the crime of theft under sections
812.012-812.037. Frankly, if we were to apply the Blockburger test, see section
775.021(4), to a person who had been charged with a violation of both
713.345 and section
812.014 for a single episode involving only the same construction funds, we would find separate convictions legally permissible because they involve disparate elements....
...rimary qualifying agent of Seabridge pursuant to chapter 489 is reversed. Accordingly, we reverse the trial court's final judgment determining Seabridge had committed civil theft as defined by section
772.11 through violation of sections
713.345 and
812.014....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 6999
Hodge of its use as alleged in the petition. See §
812.014(1), (2)(c)(l), Fla. Stat. (2003). The foregoing
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1997 WL 90849
...Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee. GROSS, Judge. Stanley Brown appeals orders convicting him of official misconduct, section 839.25, Florida Statutes (1995), and petit theft, section 812.014(3)(a), Florida Statutes (1995)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 3800
charge jury on the offense of theft under section
812.014, where information only charged defendant with
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1988 WL 21664
...After charging the RICO violation in the first count, the State then charged 28 counts of embezzlement under section
206.56, Florida Statutes (1983), [2] one count for each month of non-payment, and for good measure, charged 28 counts of grand theft under the Omnibus Theft Statute, section
812.014, Florida Statutes (1983), for those same months....
...On the authority of and for the reasons expressed in State v. H.M. Bowness Oil, Inc., supra , we conclude that: *476 1. The trial court correctly determined that section
206.56 requires proof of criminal intent. 2. Although the State cannot convict for both embezzlement under section
206.56 and theft under section
812.014 for the same taking, the trial court prematurely dismissed the counts based on the grand theft statutes, because the State cannot be required to elect between repugnant counts by a motion to dismiss....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
value of more than $300 but less than $5000. See §
812.014(2)(c)(1), Fla. Stat. (2016). The only items reported
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 3374, 2010 WL 838157
...Defendant was charged with a single count of strong arm robbery. See Fla. Stat.
812.13(1) and (2)(c) and July 16, 2007 Amended Information. The July 16, 2007 Amended Information contains each requisite element of the lesser included offense of theft. See July 16, 2007 Amended Information and compare Fla. Stat.
812.014(1)(a) and (b)....
...l's failure to object to the inclusion in the jury instructions of the lesser-included offenses constituted ineffective assistance of counsel. REVERSED and REMANDED. GRIFFIN and COHEN, JJ., concur. NOTES [1] See §
812.13, Fla. Stat. (2006). [2] See §
812.014(2)(d), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1988 WL 57435
...Therefore, we quash the sentence insofar as it denies credit to Kemp for the 98 days' jail time, and remand the case to the trial court with directions to allow credit for such time. SENTENCE QUASHED; REMANDED. DAUKSCH and COBB, JJ., concur. NOTES [1] § 812.014(2)(c), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 1610172
...distribute, dispense, or otherwise dispose of such property. §
812.012(8), Fla. Stat. Under the schedule of lesser-included offenses for section
812.019(1), there are no category one offenses. The various degrees of theft are category two offenses. Section
812.014 provides, in relevant part: (1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property. (b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property. §
812.014(1), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2006 WL 1787790
...ntencing. See Hagan v. State,
853 So.2d 595, 597 (Fla. 5th DCA 2003); Lamb v. State,
526 So.2d 998 (Fla. 1st DCA 1988). AFFIRMED in part; REVERSED in part. GRIFFIN and MONACO, JJ., concur. NOTES [1] §§
810.02(b);
775.087(2), Fla. Stat. (2003). [2] §
812.014(2)(c)(5), Fla. Stat. (2003). [3] §
812.014(2)(b), Fla. Stat. (2003). The petition on count three alleged the theft of "jewelry, automobile equipment or other household items" valued at more than $30,000. [4] §
812.014(2)(c)(6), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 13 Fla. L. Weekly 1549, 1988 Fla. App. LEXIS 2757, 1988 WL 66086
...edge, for appellee Allstate Ins. Co. COBB, Judge. Ahmed filed a multi-count complaint against Lane Pontiac-Buick, Inc. and Allstate Insurance Company. Of the three counts against Lane, only the count for civil theft sought attorney fees, pursuant to section 812.014, Florida Statutes (1985)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 10179, 2011 WL 2555402
...ossess a firearm during either offense. The Supreme Court's construction of section
775.087(1) in State v. Rodriguez,
602 So.2d 1270 (Fla.1992), compels reversal. Grand theft and false imprisonment are typically charged as third-degree felonies. See §
812.014(2)(c), Fla....
...ting *112 detective. See Eugene v. State,
53 So.3d 1104 (Fla. 4th DCA 2011). Affirmed in part, reversed in part and remanded. HAZOURI and CIKLIN, JJ., concur. NOTES [1] §§
775.082(2)(a)1.,
812.13(1), (2)(a), Fla. Stat. (2008). [2] §§
775.087(1),
812.014(1), (2)(c), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 9135, 2010 WL 2507034
...We reverse and remand for the court to reconsider Bruce's motions based upon the procedures outlined in Sheppard v. State,
17 So.3d 275 (Fla.2009). The pleas Bruce seeks to withdraw are two open nolo contendere pleas made to the court on October 1, 2007: the first, in case number 07-12, for grand theft in violation of section
812.014, Florida Statutes (2007), for accepting a $10,000 deposit for work he promised to perform installing custom boat lifts, and then failing to perform the work; and the second, in case number 07-84, for grand theft in violation of the same statute by accepting $7500 from a different victim for the same type of work....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1999 WL 415198
...ing, one count of burglary of a conveyance, three counts of grand theft, and one count of felony petit theft. We affirm appellant's convictions and sentences for all counts except we reverse his habitual offender sentence for felony petit theft. See § 812.014, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 1996 WL 336050
...In construing statutory language similar to the instant statute, this Court concluded that the words "or endeavors" reveals a legislative intent to define the substantive offense as including the attempt to commit the substantive offense. See Sykes,
434 So.2d at 327 (finding that second-degree grand theft, as defined in section
812.014, included an attempt to commit second-degree grand theft)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 WL 2178834
...ied that each projector was worth approximately $800 when they were stolen. Based on the principal's testimony, we find that the State established the fair market value of the property to be $300 or more at the time of the theft. Affirmed. NOTES [1] § 812.014(2)(c), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2000 WL 903600
...wall in a fit of anger over his pending discipline. We do not agree with the state, that a momentary taking, for only a second or two, constitutes the specific intent necessary to temporarily appropriate the School Board's property as defined under section 812.014(1)....
...only a second or two." Instead, Mr. Peoples' act of taking possession of and then using the fire extinguisher to batter the correctional officer was sufficient to evidence his intent to appropriate the correctional institution's property contrary to section 812.014(2)(c) of the Florida Statutes (1997), since, as the T.L.M....
...ve an owner of property either permanently or temporarily. Accordingly, the trial court properly submitted that issue to the jury for resolution. With regard to Mr. Peoples' argument that the State failed to prove the value of the fire extinguisher, section 812.014(2)(c) of the Florida Statutes (1997) provides a list of items the theft of which constitutes grand theft regardless of the value of the items. Section 812.014(2)(c)8....
...This evidence supports the finding of moderate victim injury. Having found no merit in either of the claims of error raised on appeal, we affirm Mr. Peoples' judgments and sentences. REHEARING GRANTED; AFFIRMED. W. SHARP, GRIFFIN, and SAWAYA, JJ., concur. NOTES [1] §§
784.03;
784.07(2)(b);
812.014(2)(c)8.;
806.10(1), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 10478, 2009 WL 2341641
...The State is generally required to commence prosecution for third-degree felonies within three years after the crimes were committed. See §
775.15(2)(b), Fla. Stat. (1995). However, section
812.035(10), Florida Statutes (1995), provides that "[n]otwithstanding any other provision of law," an action for grand theft under section
812.014 "may be commenced at any time within 5 years after the cause of action accrues." Thus, the statute of limitations is five years on the grand theft charge and three years on the battery of a law enforcement officer charge....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1992 WL 178949
...Having reviewed the recent unanimous decision of Johnson v. State,
597 So.2d 798 (Fla. 1992), however, we admit we entertain some doubt whether the supreme court would conclude that Rodriquez II controls. In Johnson, the supreme court analyzed the theft statute, section
812.014, Florida Statutes (1989)....
...ining an element not contained in the crime of robbery, to-wit: value of the property taken must be $100 or more, but less than $20,000. The Rodriquez II court added that second degree theft was a separate crime even though petit theft as defined in section 812.014 is a necessarily included lesser offense of robbery....
...State,
557 So.2d 887, 887 (Fla. 4th DCA 1990) (Anstead, J., concurring specially). [3] The judgment and sentences are affirmed. AFFIRMED. HARRIS and GRIFFIN, JJ., concur. NOTES [1] Blockburger v. United States,
284 U.S. 299,
52 S.Ct. 180,
76 L.Ed. 306 (1932). [2] Subsection
812.014(1) provides: A person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit therefrom....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 11410, 2015 WL 4549461
...prosecution without holding a hearing. We hold that the convictions do
not violate double jeopardy, but he is entitled to a hearing on the
supplemental costs of prosecution.
Appellant was charged with two counts: (1) grand theft, in violation of
sections
812.014(1)(a)-(b) and
812.014(2)(a)1., Florida Statutes (2007);
and (2) a fraudulent security transaction, in violation of sections
517.301
and
517.302, Florida Statutes (2007)....
...anently:
(a) Deprive the other person of a right to the property or a
benefit from the property.
(b) Appropriate the property to his or her own use or to the
use of any person not entitled to the use of the property.
§ 812.014(1), Fla. Stat. (2007). If the property stolen is valued at $100,000
or more, the theft becomes first-degree grand theft, a first-degree felony. §
812.014(2)(a)1., Fla....
...or purchase of an investment. See §
517.301(1)(a), Fla. Stat. (2007). This
is not required of grand theft. First-degree grand theft requires proof that
the stolen property is worth at least $100,000, which is not an element of
fraudulent security transaction. See §
812.014(2)(a)1., Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2002 WL 1723393
...also argues that the State failed to prove that he possessed the specific intent to commit the crime of theft. In order to sustain a conviction for grand theft, the State must show that M.N. had the specific intent to commit the theft at the time of, or prior to, the commission of the act of taking. See § 812.014(1), Fla....
...Here, the State presented sufficient evidence from which the trial court could conclude that M.N. intentionally used the phone card, which he knew did not belong to him, to make phone calls without the owner's permission. AFFIRMED. THOMPSON, C.J., and SHARP, W., J., concur. NOTES [1] § 812.014(2)(c)(1), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2001 WL 830631
...However, under the reasoning and holding of Williams, we conclude that the trial court was correct to deny appellant's motion for post-conviction relief. Appellant's theft of the truck constituted a theft separate and apart from the original theft of the truck. See § 812.014(1), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1999 WL 445691
...petit theft and the information failed to allege the prior convictions necessary to elevate the offense to a felony. After the defendant's trial, the state had filed a notice of intention to have the defendant sentenced for felony petit theft under section 812.014(2)(d), Florida Statutes....
...the State must put the defendant on notice in the charging document." Id. In a footnote, the court instructed: The information should include language to the effect that in the event the defendant is found guilty of the lesser included offense of petit theft, the defendant is also charged with felony petit theft under section
812.014(2)(d) by reason of the previous convictions of two or more thefts as thereafter described. Id. n. 4. See also Lewellen v. State,
682 So.2d 186 (Fla. 2d DCA 1996) (holding it was fundamental error to elevate defendant's petit theft conviction to first-degree misdemeanor under section
812.014(3)(b) where information did not allege prior theft convictions)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
offender commits petit theft in the first degree." §
812.014(2)(e), Fla. Stat. (2017). At trial, the State
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1994 WL 3462
...at 932 (citing Florida Rules of Criminal Procedure,
509 So.2d 1088, 1089-90 (Fla. 1987)). NOTES [1] §
794.011(3), Fla. Stat. (1989), vaginal penetration in count I and anal penetration in count II. [2] §
810.02(2), Fla. Stat. (1989) in count III. [3] §
812.13(2), Fla. Stat. (1989) in count IV. [4] §
812.014, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 153
...See also: Albritton v. State,
476 So.2d 158 (Fla. 1985), for a discussion of the elements to consider when making a determination to depart from the sentencing guidelines. Reversed and remanded for resentencing. BOOTH, C.J., and MILLS, J., concur. NOTES [1] §
812.014(2)(b), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2001 WL 10237
...With respect to petit theft, however, the State presented no independent evidence that C.W. took a Snickers ice cream bar from the teacher's lounge freezer and ate it. Only C.W.'s confession established that he obtained the ice cream bar with the intent to deprive the owner of it. See § 812.014(1), Fla.Stat....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1997 WL 34654
...Thus, it appears Dasher is not entitled to have the more severe criminal conviction and sentence for trafficking altered in any way. All that is required is to strike and remove the conviction and sentence for petit theft. REVERSED and REMANDED with directions. PETERSON, C.J., and GOSHORN, J., concur. NOTES [1] §
812.014(1)(a) and (2)(c), Fla.Stat. (1989). [2] §
810.02(1) and (3), Fla.Stat. (1989). [3] §
812.014(1)(a) and (2)(c), Fla.Stat....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2000 WL 85269
...o pay the agency the full amount required by this section, ... unless adequately explained, gives rise to an inference that such person knowingly failed to credit the state or its agent for payments received... and acted with the intent set forth in s. 812.014(1). (Emphasis supplied) Section 812.014(1) provides: A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property. (b) Appropriate the property to his or her own use or to the use of any person *691 not entitled to the use of the property. (Emphasis supplied) Section 812.014(2)(b) provides: If the property stolen is valued at $20,000 or more, but less than $100,000, the offender commits grand theft in the second degree, ......
...ely explained, gives rise to an inference that such person knowingly failed to credit the state or its agent for payments received from social security, insurance, or other sources, pursuant to s.
414.39(4)(b), and acted with the intent set forth in s.
812.014(1)....
...disclose that Kee will receive money form Solomon. She does not discuss the impact of Rule 4-4.1, Rules Regulating the Florida Bar. It should be noted, however, that a member of the plaintiff's bar did testify in opposition to Durie's conduct. [1] §§
812.014(1), (2)(b) and
409.910(17), Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida
value of the stolen items was at least $300. §
812.014(2)(c)1., Fla. Stat. (2014). Section
812.012(10)(a)1
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...SMITH and WIGGINTON, JJ., concur. NOTES [1] Although the defendant never succeeded in actually obtaining the automobile, the theory of the state's theft count was that the defendant endeavored to obtain the property, an allowable theory of theft under the theft statute, Section 812.014, Florida Statutes (1981). Appellant does not take issue with this principle. [2] Section 812.014, Florida Statutes (1981), provides in pertinent part: (2)(a) If the property stolen is of the value of $20,000 or more, the offender shall be guilty of grand theft in the first degree, punishable as provided in ss....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 983, 2010 WL 391816
...Flens, however, did not attach a check or a promissory note to the letter and did not otherwise return the money to Mr. McCormack. Under these facts, a jury could conclude that Dr. Flens was liable for civil theft because he kept the retainer balance after acknowledging that the money belonged to Mr. McCormack. See § 812.014....
...Accordingly, we reverse and remand with directions to reinstate the jury verdict as to the civil theft count. Reversed and remanded. WHATLEY and DAVIS, JJ., Concur. NOTES [1] We decline to address the issue of whether the amended complaint was actually prematurely filed. [2] Section 812.014 defines theft as follows: (1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2000 WL 220432
...e the same meaning throughout the chapter. It appears that the term battery is used in the statutes to mean misdemeanor battery, and the qualifier "aggravated" is used when that is what the legislature intends. A similar issue was raised pursuant to section 812.014(2)(c), Florida Statutes (1985), which is the felony petit theft statute....
...Although the felony petit theft statute has subsequently been amended to include prior convictions for "any theft," the original statutory provision stated that a person could be charged with felony petit theft if he or she had two previous convictions for petit theft. See § 812.014(2)(c), Fla....
...specifically stated that the prior convictions must have been for petit theft, the Florida Supreme Court's previous opinion is relevant to the instant case: A literal interpretation of this provision yields eminently reasonable results. By enacting section 812.014(2)(c), the legislature intended that repeat petit theft offenders would be treated more seriously than nonrepeat petit theft offenders....
..." before the word "battery" in the statute now before this court. The majority is obviously influenced by the opinion in State v. Jackson,
526 So.2d 58 (Fla.1988), aff'g
515 So.2d 394 (Fla. 1st DCA 1987). As the majority notes, that case interpreted section
812.014(2)(c), Florida Statutes (1985)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2006 WL 399506
...Thus, the State was required to prove the following essential elements beyond a reasonable doubt: that F.D. (1) knowingly and willfully possessed a weapon; (2) on school property; and (3) without authorization to do so. In contrast, R.M., E.L.S., and R.A.L. were all theft cases charged under section 812.014, Florida Statutes, which is a specific intent crime, requiring that the State prove beyond a reasonable doubt that the defendant (1) knowingly and unlawfully obtained, used, endeavored to obtain, or endeavored to use the property of t...
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2001 WL 167278
...This is because at the time of the alleged offenses, Florida law provided that partners were joint owners of partnership assets; thus the essential element of taking the "property of another" could not be satisfied to sustain a conviction for theft. See § 812.014, Fla.Stat....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2005 WL 357002
...FARMER, C.J. Defendant was convicted of burglary and grand theft. He contends that he was improperly convicted of grand theft because the state failed to introduce competent substantial evidence that the value of the stolen property exceeded $300. § 812.014(2)(c)(1), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...*1178 Jerry Hill, Public Defender, and L.S. Alperstein, Asst. Public Defender, Bartow, for appellant. Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee. PER CURIAM. William Otis appeals his conviction for grand theft, a violation of section 812.014(2)(b), Florida Statutes....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2004 WL 256445
...ate review. Accordingly, we reverse the denial of appellant's Rule 3.850 motion on this issue and remand to the trial court. REVERSED and REMANDED. PLEUS and ORFINGER, JJ., concur. NOTES [1] §§
810.02(1) and (3), and
810.07, Fla. Stat. (1997). [2] §
812.014(1) and (3)(a), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22849191
...The State did not elicit any additional testimony from the victim concerning the value of the stolen items, either separately or collectively. With certain exceptions not material here, one of the elements of grand theft of the third degree is that the value of the property stolen is $300 or more. § 812.014(2)(c)1, Fla....
...Accordingly, we affirm the adjudication of delinquency and disposition for trespass of a dwelling. However, we reverse the adjudication of delinquency and disposition for grand theft, and we remand for entry of an adjudication of delinquency and appropriate disposition for petit theft of the second degree. See § 812.014(3)(a)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1999 WL 1258998
...After Hayward testified, the State recalled Turner as a rebuttal witness. He stated that Hayward never called him to report that the truck had been stolen, and that "to his knowledge" the dealership had not received a report from the Lee County Sheriffs office. To sustain a conviction for theft under section 812.014, Florida Statutes (1997), the State must prove that the accused "knowingly obtain[ed] or use[d]" the property of another with the intent to deprive the lawful owner of his property....
...of innocence, it is the trial court's duty to grant a judgment of acquittal. See Law,
559 So.2d at 189. We reverse Hayward's conviction and direct the circuit court to discharge him. Reversed. PATTERSON, C.J., and STRINGER, J., Concur. NOTES [1] See §
812.014, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 13348, 2009 WL 4931756
...A reasonable juror, considering the evidence in the light most favorable to the State, could have inferred that appellant acted with the requisite specific intent to commit grand theft on the basis of evidence that he withheld the homeowner's deposit when asked to refund it. See § 812.014(1)(a), Fla....
...(2004) (providing that, "[a]s a matter of public policy, contracts entered into . . . by an unlicensed contractor shall be unenforceable. . . by the unlicensed contractor"). By withholding funds to which he had no legal claim, appellant committed grand theft. § 812.014(1)(a), Fla....
...in that case was "insufficient as a matter of law."
4 So.3d at 688. Nothing in the Jones opinion indicates that the State presented an alternative theory upon which to sustain the conviction for grand theft. In Florida, a conviction for theft under section
812.014, Florida Statutes (2008), may be accomplished where the defendant obtained the subject property "by fraud, willful misrepresentation of a future act, or false premise." §
812.012(1)(c), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2004 WL 2952853
...The trial court withheld adjudication of delinquency and placed him on probation. J.M. appeals, contending that the court erred in denying his motion for judgment of acquittal on the grand theft charge because the state failed to establish that the value of the stolen goped exceeded $300.00. Section 812.014(2)(c)1, Florida Statutes....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21959
vehicle,” as used in the grand theft statute, Section
812.014(2)(b).4, Florida Statutes (1981). The trial
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 4355274
...SALCINES, Judge. S.A.S., a juvenile, appeals his adjudication for third-degree grand theft. We reverse and remand. An essential element of third-degree grand theft is proof that the value of the stolen property is $300 or more at the time of the theft. § 812.014(2)(c)(1), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 2636
...his case must be corrected to show the exact degree of the crimes to which he pled nolo contendere. We agree. Appellant was charged by information with burglary in violation of section
810.02, Florida Statutes (1983), and grand theft in violation of section
812.014, Florida Statutes (1983)....
...not referred to in the information, the factual allegations contained therein indicated that appellant was charged with committing a burglary in violation of section
810.02(3), a second degree felony, and with committing grand theft in violation of section
812.014(2)(b)1, a third degree felony....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1991 WL 151959
...prohibiting multiple punishments for the same offense. See, generally, State v. Hegstrom,
401 So.2d 1343 (Fla. 1981). He maintains that the first punishment was the reclassification of his conviction for petit theft to felony petit theft pursuant to section
812.014(2)(d), Florida Statutes....
...In that light, the rule is that "[d]ouble jeopardy seeks only to prevent courts either from allowing multiple prosecutions or from imposing multiple punishments for a single, legislatively defined offense." State v. Hegstrom,
401 So.2d at 1345. Here, the legislature defined the offense of felony petit theft in section
812.014(2)(d)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 11752, 2009 WL 2568295
...Howard's possession of the binoculars was the basis of the petit theft charge. In order to prove a defendant guilty of that crime, the State is required to prove that he knowingly obtained or used, or endeavored to obtain or to use, "the property of another." § 812.014(1), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 WL 4083452, 2014 Fla. App. LEXIS 12808
...double jeopardy, and
that the above-stated condition of probation imposed by the trial court was
unconstitutional. We agree.
Legal Analysis
Grand Theft of the Laptop (Count 2)
In count 2, Tindal was charged under section 812.014(2)(c)1., Florida
Statutes (2009), with grand theft of a laptop computer....
...test, as codified in section
775.021, Florida Statutes (1997),
to determine whether separate offenses exist.
State v. Paul,
934 So. 2d 1167, 1171-72 (Fla. 2006) (quoting Gordon v.
State,
780 So. 2d 17, 19-20 (Fla. 2001)) (citations omitted). In regards to
section
812.014, Florida Statutes, the supreme court has determined that
the statute
constitutes a “clear statement of legislative intent” that
convictions and sentences for multiple theft offenses arising
from the same criminal episode are permitted. . . . . Section
812.014 is structured so that thefts of the various enumerated
properties constitute separate offenses....
...clarify this in the
judgment on remand.
6
enumerated demonstrate that strong policy concerns
motivated the Legislature to single out these theft offenses for
separate punishment. See, e.g., § 812.014(2)(c)(5), Fla. Stat.
(2003) (theft of a firearm); § 812.014(2)(c)(8), Fla. Stat. (2003)
(theft of a fire extinguisher); § 812.014(2)(c)(11), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 981
...Appellant moved to reduce the charge to a second-degree misdemeanor. When the motion was denied, appellant pled nolo contendere, reserving the right to appeal this issue. Petit theft only becomes a first-degree misdemeanor if it represents the "second conviction for petit theft." § 812.014(2)(c), Fla....
...y for the legislature to specifically refer to chapters 316 and 322 because these are adult proceedings. Therefore, appellant's prior adjudication of delinquency for petit theft is a "conviction" for the purpose of enhancement within the dictates of section 812.014(2)(c)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1992 WL 81071
...He received notice he would be treated as a habitual offender under section
775.084. The judge sentenced him to two years' community control. On September 13, 1990, the state charged the appellant with uttering a forged instrument in violation of section
831.02, Florida Statutes (1989), and with petit theft in violation of section
812.014(2)(d), Florida Statutes (1989)....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 1915, 1984 Fla. App. LEXIS 14819
that ap-pellee ... did, in violation of Florida Statute
812.014, knowingly obtain or use, or endeavor to
CopyPublished | Florida 1st District Court of Appeal | 2003 WL 22056287
Statutes (1991), and grand theft, in violation of section
812.014(2)(c)(l), Florida Statutes (1991), arose out
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1913, 1986 Fla. App. LEXIS 9557
violated a felony petit theft statute. Under section
812.014(2)(c), Florida Statutes (1985), any person
CopyPublished | Supreme Court of Florida | 1978 Fla. LEXIS 4929
granting the motion to dismiss on the ground that Section
812.014, Florida Statutes (1977), is unconstitutional
CopyPublished | Supreme Court of Florida | 1978 Fla. LEXIS 4930
granting the motion to dismiss on the ground that Section
812.014, Florida Statutes (1977), is unconstitutional
CopyPublished | Supreme Court of Florida
granting the motion to dismiss on the ground that Section
812.014, Florida Statutes (1977), is unconstitutional
CopyPublished | Supreme Court of Florida | 1978 Fla. LEXIS 4926
granting the motion to dismiss on the ground that Section
812.014, Florida Statutes (1977), is unconstitutional
CopyPublished | Supreme Court of Florida | 1978 Fla. LEXIS 4932
granting the motion to dismiss on the ground that Section
812.014, Florida Statutes (1977), is unconstitutional
CopyPublished | Supreme Court of Florida | 1978 Fla. LEXIS 4933
granting the motion to dismiss on the ground that Section
812.014, Florida Statutes (1977), is unconstitutional
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2087, 1984 Fla. App. LEXIS 15232
Statutes (1983), and three counts of grand theft, section
812.014, Florida Statutes (1983).
CopyPublished | Florida 4th District Court of Appeal | 1983 Fla. App. LEXIS 21814
Gammell appeals his conviction for grand theft, Section
812.014, Florida Statutes (1981). The sole point on
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 583, 2014 Fla. LEXIS 2857, 39 Fla. L. Weekly Fed. S 583
...of grand theft, a third-degree felony,1 and one count of dealing in stolen property, a
second-degree felony.2 The State alleged in the information that Anucinski
committed the grand theft of property belonging to Tiffany & Co. and that she
1. § 812.014(1), (2)(c), Fla....
...2013).
-5-
guilty of one or the other offense, but not both. The legislative
scheme is clear and the same legislative rationale militates against
allowing a defendant to plead guilty to inconsistent counts, i.e.,
stealing property with intent to use under section
812.014 or stealing
property with intent to traffic in the stolen goods pursuant to section
812.019....
CopyPublished | Supreme Court of Florida
of the property. §
812.13, Fla. Stat. (2020); §
812.014, Fla. Stat. (2020). An unlawful taking with intent
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2296, 1987 Fla. App. LEXIS 12186
for such offenses. Grand theft second degree, §
812.014(2)(b), Fla.Stat. (1985), is a third degree felony
CopyPublished | Supreme Court of Florida
of the property. §
812.13, Fla. Stat. (2020); §
812.014, Fla. Stat. (2020). An unlawful taking with intent
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2024, 1984 Fla. App. LEXIS 15125
recited that appellants were charged under Statute § 812.-014(2)(c),1 Information for Felony Petit Theft. In
CopyPublished | Florida 3rd District Court of Appeal
the charge of petit theft, in violation of section
812.014, Florida Statutes (2022), following a jury
CopyPublished | Florida 3rd District Court of Appeal
...was charged with stealing several items of merchandise from a J.C.
Penney store. The total amount of the merchandise allegedly stolen was $100 or
more but less than $300, which would constitute first-degree petit theft, a first-
degree misdemeanor. See, § 812.014(2)(e), Fla....
...The Appellant contends that the witness’ testimony regarding the dollar
amount contained on the price tags constituted inadmissible hearsay.1
While a charge of theft of retail merchandise is prosecuted pursuant to the
general theft statute (sections
812.012 and
812.014, Florida Statutes (2013)), it is
also subject to separate and more specific statutory treatment under section
812.015.
Under the general theft provisions, “value” is defined in relevant part as
follows:
1 The Appellant thus...
...udicatory hearing and on appeal,
that the admissible evidence was insufficient to establish that the value was $100
or more, therefore requiring the charge be reduced to second-degree petit theft, a
second-degree misdemeanor. See §§
812.012(10(b);
812.014(3)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2209, 1987 Fla. App. LEXIS 10259
the threshold value for grand theft under section
812.014(2)(b). The question before the court is whether
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 15024, 2015 WL 5894767
...Malatia's testimony that he had replaced
the tools for almost $600 was enough to show that the value of the stolen property was
more than $300.
In order to establish third-degree grand theft, the State must prove that the
property stolen was valued at $300 or more, but less than $5000. § 812.014(2)(c)(1),
Fla....
...vide any testimony of the cost to replace the
stolen air conditioner unit with a similar unit about one to two years old).
Accordingly, we reduce Mr. Ciani's conviction for grand theft to petit theft
and remand for resentencing. See § 812.014(3); Carter, 77 So....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2140, 1984 Fla. App. LEXIS 15512
qualify for enhanced sentencing pursuant to section
812.014(l)(c), Florida Statutes. The trial court’s
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21307
person not entitled thereto, in violation of Section
812.014, Florida Statutes. In this appeal, appellant
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2381, 1987 Fla. App. LEXIS 12256
moped is presumed to have value pursuant to section
812.014(2)(b), Florida Statutes (1986), and the trial
CopyPublished | Florida 3rd District Court of Appeal | 2001 Fla. App. LEXIS 13792
affect the value of the property stolen under section
812.014(2), Florida Statutes (2000), which is the only
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2311, 1989 Fla. App. LEXIS 5415
to deprive necessary for a theft conviction. §
812.014, Fla.Stat. (1987); see E.L.S. v. State, 547 So
CopyPublished | Florida 3rd District Court of Appeal | 1989 WL 114489
...at the vehicle had been stolen. The state established only that the respondent was a passenger in an automobile which had been stolen. Consequently, the state did not prove the statutorily required intent to deprive necessary for a theft conviction. § 812.014, Fla....
CopyPublished | Supreme Court of Florida | 10 Fla. L. Weekly 545, 1985 Fla. LEXIS 3794
Degree, a second-degree felony as set forth in section
812.014(1), (2)(a), Florida Statutes. 2. That on December
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2308, 1986 Fla. App. LEXIS 10371
second-degree grand theft, a violation of section
812.014(2)(b), Florida Statutes (1983), and was placed
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 15986, 2015 WL 6499244
...facie case that she intended to temporarily deprive Countrywide of its property
($70,000.00 cash back to Izquierdo via C & C Investment and $146,101.86 to
6
Cosmopolitan Mortgage) in violation of sections 812.014(1), (2)(a), Florida
Statutes (2006). Section 812.014(1), Florida Statutes (2006), provides:
A person commits theft if he or she knowingly obtains or uses, [3] or
endeavors to obtain or to use, the property of another with intent to,
either temporarily or permanently:...
CopyPublished | District Court of Appeal of Florida | 1986 Fla. App. LEXIS 10325, 11 Fla. L. Weekly 2268
misdemeanor to a felony of the third degree under Section
812.014(2)(c), Florida Statutes (1981),5 the circuit
CopyPublished | Supreme Court of Florida
772.11, Florida Statutes, for violations, of section
812.014(1), Florida Statutes. Id. at 1018-19. On July
CopyPublished | District Court of Appeal of Florida
more, but less than $20,000, in violation of section
812.014(2)(c)(3), Florida Statutes (2019), asserting
CopyPublished | Supreme Court of Florida
and amended in 2018 . 14.1 THEFT §
812.014, Fla. Stat. To prove the crime of Theft
CopyPublished | District Court of Appeal of Florida
Stat. (2013), and grand theft (count two), see §
812.014(2)(c), Fla. Stat. (2013). Having reviewed the
CopyPublished | Florida 2nd District Court of Appeal | 2004 WL 2364218
...allo's dwelling. During trial, Goad argued motions for judgment of acquittal on the charges. As to the theft, he asserted that the State failed to prove a link between the lawn mower he took and Carballo's lawn mower. To prove the theft charge under section 812.014, Florida Statutes (2003), the State was required to prove that Goad knowingly obtained or used, or endeavored to obtain or use, the property of Santiago Carballo....
CopyPublished | District Court of Appeal of Florida
McCray with petit theft, a third-degree felony. §
812.014(3)(c), Fla. Stat. (2014). He pleaded guilty. In
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 21434
property is an element of theft as defined in section
812.014, Florida Statutes (1981). Green v. State, 414
CopyPublished | Florida 4th District Court of Appeal
...4th DCA 2008)
(citations omitted).
In order for a person to be convicted of “grand theft, the State must
prove that the value of the [property taken] was greater than $300.”
Mansfield v. State,
954 So. 2d 74, 76 (Fla. 4th DCA 2007) (citing §
812.014(2)(c)1., Fla....
CopyPublished | Florida 6th District Court of Appeal
theft, a second-degree misdemeanor, under section
812.014(3)(a), Florida Statutes. See White v. State
CopyPublished | Court of Appeals for the Eleventh Circuit
grand theft vehicle, in violation of Fla. Stat. §
812.014(2)(c); and (8) criminal mischief, in violation
CopyPublished | Florida 2nd District Court of Appeal | 1990 WL 152113
...Unlike a prosecution for possession of contraband, the physical nature of the property ( e.g., chemical composition of narcotics, length of a short-barreled shotgun) was not at issue. Neither was value a legitimate issue, since this particular charge was a felony only by virtue of appellant's prior record. § 812.014(2)(d), Fla....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2335, 1985 Fla. App. LEXIS 16237
probation for grand theft, a violation of section
812.014(2)(b), Florida Statutes (1981). Both offenses
CopyPublished | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 24061
property valued at less than $100 in violation of §
812.014(2)(c), Florida Statutes. The referenced statute
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 16965
but less than $300 and taken from a dwelling. §
812.014(2)(d), Fla. Stat. (2007). In this case, the State
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2483, 1985 Fla. App. LEXIS 16578
than $100, an essential element of grand theft. §
812.014(2)(b), Fla. Stat. (1983). We disagree. The victim’s
CopyPublished | Florida 3rd District Court of Appeal
grand theft of a motor vehicle in violation of section
812.014(2)(c)6, Florida Statutes (2016), for an incident
CopyC.T. v. State (Fla. Dist. Ct. App. 2017).
Published | District Court of Appeal of Florida
grand theft of a motor vehicle in violation of section
812.014(2)(c)6, Florida Statutes (2016), for an incident
CopyPublished | Florida 1st District Court of Appeal
stolen property was “[v]alued at $300 or more.” §
812.014(2)(c)1., Fla. Stat. (2015). Value is defined as
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2628, 1985 Fla. App. LEXIS 17074
first degree grand theft, in violation of section
812.014(2)(b), Florida Statutes (1981). An affidavit
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 16727
of a recently stolen moped in violation of Section
812.014, Florida Statutes (1983). The court, in a non-jury
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 17579
sentence for grand theft of a firearm under section
812.014, Florida Statutes (2014), a third-degree felony
CopyPublished | District Court of Appeal of Florida
the appellants, pursuant to Florida Statute section
812.014(1), a theft is committed when a non-owner
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2640, 1985 Fla. App. LEXIS 17017
another” as required by the theft statute, Section 812.-014(1), Florida Statutes (1983). The motion was
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2427, 1986 Fla. App. LEXIS 10717
theft was greater than $100.00, as required by section
812.014(2)(b), Florida Statutes (1985). The initial
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 23530
information with grand theft, in violation of section
812.014, Florida Statutes (1981), after she allegedly
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 19293
charged with grand theft of a motor vehicle, §
812.014(2)(c)(6), Fla. Stat. (2004); burglary of a conveyance
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2639, 1987 Fla. App. LEXIS 11104
commit theft. In a prosecution for theft under section
812.014, Florida Statutes (1983), the state must prove
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 18711
property is $300 or more at the time of the theft. §
812.014(2)(c)(l), Fla. Stat. (2005). At trial the victim
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 11020, 1994 WL 637721
THREADGILL, Acting Chief Judge. The appellant challenges judgments and sentences for operating a chop shop, in violation of section
812.16(2), Florida Statutes (1997), and grand theft, in violation of section
812.014(2)(a), Florida Statutes (1997)....
CopyPublished | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 18392, 2014 WL 5834702
...at 969-70 (citations omitted).
To prove petit theft, the state must introduce competent, substantial
evidence that appellant knowingly obtained or used the victim’s bicycle
with the intent to either temporarily or permanently deprive the victim of
the right to or benefit from the bicycle. § 812.014(1)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 21585
and each “obtaining” or “use” under present section
812.014, Florida Statutes, constitutes a separate offense
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2294, 1984 Fla. App. LEXIS 15679
included offense of grand theft, a violation of section 812.-014(2)(a), Florida Statutes. The grand theft offense
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1168, 1985 Fla. App. LEXIS 14186
Statutes (1983); and one count of grand theft, section
812.014, Florida Statutes (1983). The above-cited orders
CopyPublished | District Court, M.D. Florida | 2003 U.S. Dist. LEXIS 7420, 2003 WL 21003320
...tore. Defendant testified that his then-wife actually stole the items from the store, but that he tried to take the blame for her. Nonetheless, on January 11, 1991, Defendant pled guilty to a charge of petit theft [2] in violation of Florida Statute § 812.014....
...questions to his Naturalization Oath Ceremony in Miami on February 20, 1996. After his interview with Officer Schneider but before his oath ceremony, Defendant pled guilty to a charge of petit theft for the sunglasses in violation of Florida Statute § 812.014(3)(a)....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19661
following the language of Florida Statutes, Section
812.014, are all in substantially the same form, varying
CopyPublished | District Court of Appeal of Florida
stolen during the burglary was $100 or more. See §
812.014(2)(e), Fla. Stat. (2017) (providing that “if the
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 5862
theft of a motor vehicle, in violation of section
812.014(2)(c)4, Florida Statutes (1993). After a bench
CopyPublished | Supreme Court of Florida | 12 Fla. L. Weekly 259, 1987 Fla. LEXIS 1921
(14) An amendment to the theft instruction, F.S.
812.014(b), (c), dealing with value, the figure of $100
CopyPublished | United States Bankruptcy Court, M.D. Florida | 12 Fla. L. Weekly Fed. B 213, 1999 Bankr. LEXIS 628
awarded the treble damages requested. 16. Florida Statute
812.014 (1992), reads in relevant part, as follows:
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1304, 1989 Fla. App. LEXIS 2965
committed second degree misdemeanor petit theft, §
812.014(2)(c), Fla.Stat. (Supp.1986). The maximum term
CopyPublished | District Court of Appeal of Florida
property at issue was worth at least $100, see §
812.014(2)(d), Fla. Stat., and the jury found that it
CopyPublished | District Court of Appeal of Florida
$300 statutory threshold for grand theft, see §
812.014(2)(c)(1), Fla. Stat. (2016), we reverse the finding
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1229, 1985 Fla. App. LEXIS 13928
otherwise met the criteria for grand theft under section
812.014(2)(b), Florida Statutes, nevertheless, the
CopyPublished | District Court of Appeal of Florida
grand theft of a dwelling in violation of section
812.014(2)(d), Florida Statutes (2016), which requires
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 5489
1996: felony petit theft, in violation of section
812.014, Florida Statutes (1995), and resisting arrest
CopyPublished | Supreme Court of Florida | 1982 Fla. LEXIS 2425
Criminal Law § 85, at 622-30 (1972). . See, e.g., §
812.14, Fla.Stat. (1981) (trespass and larceny with relation
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19760
grand theft of a motor vehicle in violation of section
812.014(2)(b), Florida Statutes (1979). On April 18
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19813
(1979), and found guilty of petit theft under Section
812.014, Florida Statutes (1979). On appeal it is asserted
CopyPublished | Florida 4th District Court of Appeal | 1982 Fla. App. LEXIS 20029
theft under Florida’s omnibus theft statute, section
812.014, Florida Statutes (1979). Appellant also contends
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13023
purchasing the vehicle personally, contrary to Section
812.014, Florida Statutes. *299To dismiss an information
CopyPublished | District Court of Appeal of Florida
person not entitled to the use of the property. §
812.014(1), Fla. Stat. (2021). Stolen property valued
CopyPublished | District Court of Appeal of Florida
person not entitled to the use of the property. §
812.014(1), Fla. Stat. (2021). Stolen property valued
CopyPublished | District Court of Appeal of Florida
III. ANALYSIS 1. Grand Theft Section
812.014(1) of the Florida Statutes (2013), Florida’s
CopyPublished | District Court of Appeal of Florida
the definition of larceny (theft), creating section
812.014 and providing that a person is guilty of theft
CopyPublished | District Court of Appeal of Florida
that Roebuck was convicted of a violation of section
812.014(3)(a), Florida Statutes (2019), a second-degree
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 3684
judgment of acquittal should be granted. See id. Section
812.014(1), Florida Statutes (1997), defines “theft”
CopyPublished | Florida 3rd District Court of Appeal | 2010 WL 1049976
...State,
206 So.2d 377, 383 (Fla.1968); Pittman v. State,
22 So.3d 859 (Fla. 3d DCA 2009); see also Neals v. State,
962 So.2d 926, 928 (Fla. 4th DCA 2007) (finding no merit in defendant's assertion that trial judge reversibly erred in refusing to charge jury on the offense of theft under section
812.014, where information only charged defendant with trafficking under section
812.019(1) because "the elements of [theft] were not included within the charging document") (citing Moore v....
...nse, or otherwise dispose of property, or (b) To buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property. §
812.012(8). The theft statute, set forth in section
812.014, provides, in relevant part: *805 (1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or use, the property of another with the intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property, or (b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property. §
812.014(1), Fla....
...included offense in this circumstance. See Townsley v. State,
443 So.2d 1072, 1073 (Fla. 1st DCA 1984) (holding "evidence was sufficient to create an inference that appellant was guilty of theft ... however appellant was not charged with theft under section
812.014, but instead was charged under section
812.019 with dealing in stolen property")....
CopyPublished | District Court of Appeal of Florida
count of first degree grand theft pursuant to section
812.014(2)(a), Florida Statutes (Count 3); one count
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12362
theft in the second degree in violation of section
812.014(2)(b), Florida Statutes (1981). After the trial
CopyPublished | Florida 4th District Court of Appeal | 1983 Fla. App. LEXIS 20240
was charged with grand theft in violation of section
812.014, Florida Statutes (1981). The trial court’s
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19493
a value of $100.00 or more as required by Section
812.014, Florida Statutes (1979). Accordingly we affirm
CopyPublished | District Court of Appeal of Florida
value of more than $300 but less than $5000. See §
812.014(2)(c)(1), Fla. Stat. (2016). The only items reported
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 8159
“valued” at $100 or more but less than $300. §
812.014(2)(e), Fla. Stat. (2006). “Value means the market
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 6087
committing petty theft, a misdemeanor defined in section 812.-014(2)(d), Florida Statutes (1991); The amended
CopyPublished | Supreme Court of Florida | 1978 Fla. LEXIS 4844
Justice. Reversed and remanded for new trial. Section
812.14(3), Florida Statutes, is unconstitutional and
CopyPublished | Florida 5th District Court of Appeal
grand theft and two degrees of petit theft. See §
812.014, Fla. Stat. (2005). The homicide statute identifies
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 2543459
...tructions to allow Mr. Stewart either to go to trial on the theft counts or to enter another plea with respect to them. REVERSED and REMANDED with instructions. GRIFFIN and ORFINGER, JJ., concur. NOTES [1] Fla. Stat. §
810.02 (2001). [2] Fla. Stat. §
812.014 (2001). [3] Fla. Stat. §
812.014 (2001). [4] Fla. Stat. §
812.014 (2001). [5] Violations of section
812.014, Florida Statutes, are subject to a five year limitations period pursuant to section
812.035, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal
grand theft and two degrees of petit theft. See §
812.014, Fla. Stat. (2005). The homicide statute identifies
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 8521
were grand theft of a motor vehicle pursuant to §
812.014(2)(c)(6), and fleeing and attempting to elude
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20330
were charged with grand theft in violation of Section
812.014, Florida Statutes (1979). The basis for the
CopyPublished | Florida 3rd District Court of Appeal
exceeded the felony threshold of $300 under section
812.014(2)(c) 1, Florida Statutes (2017).2 We agree
CopyPublished | Florida 3rd District Court of Appeal
exceeded the felony threshold of $300 under section
812.014(2)(c) 1, Florida Statutes (2017).2 We agree
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1520, 1987 Fla. App. LEXIS 8907
second degree grand theft in violation of section 812.-014(2)(b), Florida Statutes (1981). He pled nolo
CopyPublished | District Court of Appeal of Florida
entitled to the use of it. See §
812.014(1), 1 In violation of section
812.014(2)(c)6., Florida Statutes
CopyPublished | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 7456, 2009 WL 1636289
...Novaton does not suggest that a negotiated plea requires courts to weigh the wisdom or sufficiency of the consideration given by the respective parties to the plea agreement. Bryant v. State,
644 So.2d 513 (Fla. 5th DCA 1994). AFFIRMED. PALMER, C.J. and SAWAYA, J., concur. NOTES [1] §
812.014(1) and (2)(c), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 8422
delinquent for grand theft of a motor vehicle. §
812.014(2)(e)(6), Fla. Stat. (2004). Based on that adjudication
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 3184787, 2014 Fla. App. LEXIS 10520
...appeals an order finding him guilty of first-degree petit theft and
the subsequent disposition order withholding adjudication and imposing
probation. M.K. argues the state failed to prove that the value of the
stolen property amounted to at least $100, a requisite for a finding of
first-degree petit theft pursuant to section 812.014(2)(e), Florida Statutes
(2011), and therefore he could not be found guilty of anything more than
second-degree petit theft. We agree.
After a classmate’s necklace was stolen, M.K. was charged with third-
degree grand theft, which section 812.014(2)(c)1., Florida Statutes
(2011), defines as the theft of property valued at $300 or more, but less
than $5,000....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1535, 1986 Fla. App. LEXIS 8831
theft in the second degree in violation of section
812.014, Florida Statutes (1983). The second indictment
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 7331
alleging the offense of grand theft auto. See §
812.014(2)(c), Fla.Stat. (1993). At the adjudicatory hearing
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19805
Thereafter the defendant was charged with violating section
812.014, Florida Statutes (1981), in that he: knowingly
CopyPublished | Florida 2nd District Court of Appeal | 1989 WL 73754
...The appellant, Steven Craig Kelly, challenges the judgments and sentences imposed upon him for robbery with a firearm and second degree grand theft. We reverse the judgment and sentence imposed for grand theft. The appellant was charged with second degree grand theft in violation of section
812.014(2)(b), Florida Statutes (1985), and robbery with a firearm in violation of section
812.13(2)(a), Florida Statutes (1985)....
CopyPublished | District Court of Appeal of Florida
counts, including grand theft, in violation of section
812.014(2)(C)6., Florida Statutes (2020), operating
CopyPublished | Supreme Court of Florida | 10 Fla. L. Weekly 356, 1985 Fla. LEXIS 3505
petitioner with second-degree grand theft under section
812.014, Florida Statutes (1983). The trial court withheld
CopyPublished | District Court of Appeal of Florida
firearm as first-degree felony punishable by life); §
812.014(2)(c), Fla. Stat. (1997) (classifying grand theft
CopyPublished | Supreme Court of Florida | 1979 Fla. LEXIS 4815
Broward County, which held unconstitutional section
812.14, Florida Statutes (1977), concerning trespass
CopyPublished | Court of Appeals for the Eleventh Circuit | 2001 U.S. App. LEXIS 16811
...Appellant pled guilty to the following
six counts: burglary (Fla.Stat. §
810.02), use of a firearm in the commission of a felony (Fla.Stat. §
790.07(2)), aggravated assault (Fla.Stat. §
784.021), felonious possession of a firearm (Fla.Stat. §
790.23), grand theft auto (Fla.Stat. §
812.014), and grand theft (Fla.Stat. §
812.014)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Appellant
pled guilty to the following six counts: burglary (Fla. Stat. §
810.02), use of a
firearm in the commission of a felony (Fla. Stat. §
790.07(2)), aggravated assault
(Fla. Stat. §
784.021), felonious possession of a firearm (Fla. Stat. §
790.23), grand
theft auto (Fla. Stat. §
812.014), and grand theft (Fla. Stat. §
812.014)....
CopyPublished | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 1796, 1987 Fla. App. LEXIS 9536
of theft of a motor vehicle in violation of section
812.014(2)(b), Florida Statutes (1983). No guidelines
CopyPublished | District Court of Appeal of Florida
amount, Michigan’s statute did not. Id. (citing §
812.014(1), Fla. Stat. (1993)). The Second District noted
CopyPublished | Florida 2nd District Court of Appeal | 2004 WL 1474552
...Since the states are separate sovereigns and equal to each other in power, dignity, and authority, each has the power independently to determine what is an offense against its authority and to punish such offenses.
642 So.2d at 42 (emphasis in original). In the present case, Chipman violated section
812.014(2)(c)(6), Florida Statutes (2001)....
CopyPublished | District Court of Appeal of Florida
taking of property belonging to another. See §
812.014(1)(a), Fla. Stat. (2015). Appellant’s sworn
CopyPublished | Florida 3rd District Court of Appeal
...This can be further established by comparing the jury instructions for
4
grand theft (Fla. Std. J. Instr. (Crim.) 14.1) and robbery by sudden snatching (Fla.
Std. J. Instr. (Crim.) 15.4):
14.1 THEFT
§ 812.014, Fla....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 5111
appellant pled nolo con-tendere to a violation of §
812.014(2)(b), Fla. Stat. (1985), grand theft of property
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1737, 1985 Fla. App. LEXIS 14987
single count of grand theft, second degree, section 812.-014(2)(b)(4), Florida Statutes (1983). The resulting
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 20547
allegation was grand theft in the second degree. §
812.014, Fla.Stat. (1981). The appellant was acquitted
CopyPublished | Florida 2nd District Court of Appeal
property or to appropriate it to his own use. See §
812.014(1); M.D.S.,
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19880
conviction for grand theft in the second degree, see §
812.014, Fla.Stat. (1981), and requires a reduction of
CopyPublished | Florida 2nd District Court of Appeal
appropriate the property to his or her own use. See §
812.014(1), (3)(a). To prove criminal mischief, also a
CopyPublished | Florida 2nd District Court of Appeal
appropriate the property to his or her own use. See §
812.014(1), (3)(a). To prove criminal mischief, also a
CopyPublished | District Court of Appeal of Florida
appropriate the property to his or her own use. See §
812.014(1), (3)(a). To prove criminal mischief, also
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 9917, 2015 WL 3973073
...able
doubt, as statutorily required, we must reverse Wiechert's conviction for third-degree
grand theft and remand for entry of a conviction for petit theft and resentencing.
The State chose to charge Wiechert with grand theft under section
812.014(2)(c)(1), Florida Statutes (2013), which requires the State to prove through
competent, substantial evidence that the value of the property stolen was "$300 or
more, but less than $5,000."1 At trial, the victim testified that a saf...
...He paid about $20 for the t-shirt the same year it was
stolen. He did not recall when he purchased the jeans or for how much, and he
1
We note that the State could have chosen to charge Wiechert with third-
degree grand theft under section 812.014(2)(d), Florida Statutes (2013), which makes it
a third-degree felony to steal property valued at $100 or more, but less than $300, from
a dwelling....
...not less than a certain
amount; if no such minimum value can be ascertained, the value is an amount less than
$100." §
812.012(10)(b). Theft of property valued at less than $100 constitutes petit
theft, which is a second-degree misdemeanor. See §
812.014(3)(a).
To obtain Wiechert's conviction under section
812.014(2)(c)(1), the State
was required to prove beyond a reasonable doubt that the value of the property he stole
was at least $300....
...for the replacement of the title. This evidence, standing alone, was insufficient to
constitute proof beyond a reasonable doubt that the cumulative value of the stolen items
exceeded $100, much less that it exceeded the $300 necessary to obtain a conviction
under section 812.014(2)(c)(1)....
CopyM.W. v. State (Fla. Dist. Ct. App. 2019).
Published | District Court of Appeal of Florida
offender commits petit theft in the first degree.” §
812.014(2)(e), Fla. Stat. (2017). At trial, the State
CopyPublished | Florida 3rd District Court of Appeal
offender commits petit theft in the first degree." §
812.014(2)(e), Fla. Stat. (2017). At trial, the State
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 140
petit theft, a second degree misdemeanor under section
812.014(3)(a), Florida Statutes (1995). Section 39
CopyPublished | District Court of Appeal of Florida
other evidence, we agree with appellant. Section
812.014(2)(c), Florida Statutes (2017) provides that
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 149, 2015 WL 71939
...write to address only his
argument that the trial court erred in denying his motion for judgment of
acquittal on the grand theft counts where work was performed on each of
the projects. On that argument and all other arguments raised, we affirm.
Section 812.014(1)(a), Florida Statutes (2004), defines theft, in
pertinent part as follows:
A person commits theft if he or she knowingly obtains or uses,
or endeavors to obtain or to use, the property of another with
intent to, either temporarily or permanently . . . [d]eprive the
other person of a right to the property or a benefit from the
property.
§ 812.014(1)(a), Fla....
...breach of contract involving the failure to pay money.”). Instead, we again
write to express the view that the state should not be precluded from
prosecuting a theft under such circumstances “when it can prove
circumstantial evidence of felonious intent, as that term is used in section
812.014(1), which is inconsistent with the defendant’s theory of
innocence.” Id.
Based on the foregoing, we affirm the defendant’s convictions for third
degree grand theft....
CopyPublished | District Court of Appeal of Florida
appropriate the property for his or her own use. See §
812.014(1)(a)-(b), Fla. Stat. (2017). “Theft is a specific
CopyPublished | District Court of Appeal of Florida
(Fla. 1st DCA 2016) (citation omitted). See also §
812.014(1), Fla. Stat. (2006). “[B]efore summary judgment
CopyPublished | Court of Appeals for the Eleventh Circuit
convicted of Florida grand theft, Fla. Stat. §
812.014(1), a CIMT. At some point, Watkins returned to
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 50
with the intent to deprive the owner of it. See §
812.014(1), Fla.Stat. (1997). The officers did not find
CopyPublished | District Court of Appeal of Florida
were pursuant to section
812.014(2)(c)1., Florida Statutes. In 2015, section
812.014(2)(c)1. made it a
CopyPublished | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 45, 1991 Fla. LEXIS 23
acknowledged that its decision conflicted with D.N. Section
812.014, Florida Statutes (1987), commonly referred
CopyPublished | Florida 5th District Court of Appeal
demonstrated as violating Section
812.014, Florida Statutes, by PRIORITY
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 1037, 2016 WL 320190
...that may sometimes be adequately assessed from the record on
direct appeal.
Id.
A conviction for grand theft in the third degree requires competent and
substantial evidence showing that the defendant stole property with a
“value” of between $300 and $20,000. § 812.014(2)(c)1.−3., Fla....
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 542, 2011 WL 222151
...demeanor. See Miller v. State,
764 So.2d 640, 645 (Fla. 1st DCA 2000). Moreover, the concurrent sentence of 27.75 months appended to what should have been the second degree misdemeanor count exceeds the maximum sentence of 60 days incarceration. See §
812.014(3)(a), Fla....
CopyPublished | District Court of Appeal of Florida
element sought to be proven in this case. See §
812.014(1), Fla. Stat. (2002).3 To prove the crime of
CopyPublished | Florida 2nd District Court of Appeal | 1996 WL 22928
...hich does not take into account the grand theft offenses vacated by the trial court. Reversed and remanded for resentencing with directions. DANAHY, A.C.J., and PATTERSON and LAZZARA, JJ., concur. NOTES [1] §
817.034(4)(a)1., Fla. Stat. (1991). [2] §
812.014(2)(a)(b)(c), Fla....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 262, 1986 Fla. App. LEXIS 5989
have been found guilty of grand theft under section
812.014(2)(b)(4), Florida Statutes (1983), also a third
CopyPublished | District Court of Appeal of Florida
case and charger. The information referred to section
812.014(1), Florida Statutes (2014), which defines
CopyPublished | District Court of Appeal of Florida
Valued at $300 or more, but less than $5,000. §
812.014(1), (2)(c)1., Fla. Stat. (2017). After the
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 334, 1987 Fla. App. LEXIS 6413
grand theft of an automobile in violation of section
812.014, Florida Statutes (1983), and one count of
CopyPublished | District Court of Appeal of Florida
accomplished by an attempt to take property. See §
812.014, Fla. Stat. (2011) (defining “theft” to include
CopyPublished | Supreme Court of Florida
upon the change to the grand theft statute, section
812.014(2)(c), Florida Statutes (2019), which changed
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 224, 1985 Fla. App. LEXIS 11968
the offense of grand theft, in violation of section
812.014(2)(a), Florida Statutes. The appellant was
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 254
property, as required under the theft statute. See §
812.014(1), Fla. Stat. (1995); State v. G.C., 572 So.2d
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 210
and less than $300 in value, in violation of section
812.014(2)(e), Florida Statutes (1997). T.E.J. argues
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 11301
with grand theft of a motor vehicle under section
812.014(2)(b), Florida Statutes (1981). During appellant’s
CopyPublished | District Court of Appeal of Florida
Appellant was charged with violating section
812.014, Florida Statutes (2021), which states:
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1991 Bankr. LEXIS 39
grand theft in the second degree pursuant to Fla.Stat.
812.014(2)(b). 5. On May 18, 1989, the State Court
CopyPublished | Court of Appeals for the Eleventh Circuit
of Grand Theft in violation of Florida Statute §
812.014(2)(c). The Peters affidavit, also signed
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 1594, 2015 WL 489593
...2011-CF-9916. The State appropriately concedes error, as the crime of felony petit
theft is not subject to enhancement under the habitual offender statute. See Ridley v.
State,
702 So. 2d 559, 559-60 (Fla. 2d DCA 1997) (holding that the legislature amended
section
812.014(2)(d), Florida Statutes, now renumbered as section
812.014(3)(c), in
1992 to omit habitual offender penalties for the crime of felony petit theft)....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 1161
at the time of the theft was $300 or more. See §
812.014(2)(c)(l), Fla. Stat. (2002); Pickett v. State
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 14098
two counts of grand theft in violation of section
812.014, Florida Statutes (1990). At the time he committed
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19416
to convict him of motor vehicle theft under Section
812.014(1), (2)(b)4, Fla.Stat. (1979), especially where
CopyPublished | Florida 1st District Court of Appeal
than $20,000, a third-degree felony under section
812.014(2)(c)3., Florida Statutes, for using her position
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 2253
the property taken has a value of $300 or more. § 812.-014(l)(c)l, Fla.Stat. (1989). Although the evidence
CopyPublished | Florida 3rd District Court of Appeal
...He was unable to further identify Tim, except to say that they had become acquainted at a neighborhood park about three weeks prior to his arrest. He did not know Tim's last name. Appellant was charged with being in possession of a recently stolen moped in violation of Section 812.014, Florida Statutes (1983)....
...We agree and reverse. The appellant's unrefuted, exculpatory, and not unreasonable explanation of his possession of the stolen moped that his friend Tim had allowed him to use it rendered the state's case, which was based solely on the inference provided by Section 812.014, Florida Statutes (1983), without any additional circumstances, insufficient as a matter of law to establish guilt....
CopyPublished | District Court of Appeal of Florida
value necessary for first-degree petit theft. See §
812.014(2)(e), Fla. Stat. (2022). Accordingly, we reverse
CopyPublished | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 2318
R.A.L. were all theft cases charged under section
812.014, Florida Statutes, which is a specific intent
CopyPublished | Florida 2nd District Court of Appeal | 2007 WL 283690
... Scheme to defraud (one count) aggregate value of $50,000 or more, section
817.034(4)(a)(1), a first-degree felony. Criminal use of personal identification information (eighteen counts) less than $5000, section
817.568(2)(a), a third-degree felony. Grand theft (five counts) $300 or more, section
812.014(2)(c)(1), a third-degree felony....
CopyPublished | District Court of Appeal of Florida
Florida Statutes. §
772.11(1), Fla. Stat. Section
812.014(1), Florida Statutes, provides:
CopyPublished | Florida 2nd District Court of Appeal
continuing to use the stolen vehicle on that date, see §
812.014(1), Fla. Stat. (2023), that is beside the point
CopyPublished | Florida 1st District Court of Appeal | 2002 WL 220580
should be amended to reflect that she violated section
812.014(3)(b), Florida Statutes. BOOTH, BARFIELD and
CopyPublished | Florida 3rd District Court of Appeal | 1981 Fla. App. LEXIS 18676
Statutes (1979), and petit theft, a violation of section
812.014(2)(c), are second-degree misdemeanors, for
CopyPublished | Florida 3rd District Court of Appeal
grand theft of an automobile, in violation of section
812.014(2)(c)(6), Florida Statutes (2023). After he
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 1768, 2015 WL 574010
...prowling, we reverse Ellis's conviction and sentence for that crime.
-4-
With respect to grand theft from a dwelling, the State failed to prove that
the value of the two cell phones and bracelet was greater than $100. See §
812.014(2)(d), Fla....
...Therefore, we reverse
-5-
the grand theft conviction and remand for entry of a conviction and sentence for second-
degree petit theft, a crime that does not require proof of the property's value. See
812.014(3)(a); G.B., 123 So....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 18407
...M. Rogers,
Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
We reverse appellant’s conviction of grand theft because the state failed
to offer sufficient evidence that the value of the stolen cell phone was $300
or more. § 812.014(2)(c), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 17996
Statutes (2014), and grand theft, in violation of section
812.014, Florida Statutes (2014). The trial court withheld
CopyPublished | Florida 2nd District Court of Appeal
Statutes (2014), and grand theft, in violation of section
812.014, Florida Statutes (2014). The trial court
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2820, 1989 Fla. App. LEXIS 6839, 1989 WL 147383
grand theft of a firearm (section 812.-014(2)(c)3) and grand theft (section 812.-014(2)(c)l) should be specified
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 24526
convict him of second degree grand theft under section
812.014, Florida Statutes (1981). We agree and reverse
CopyK.M. v. State (Fla. Dist. Ct. App. 2017).
Published | District Court of Appeal of Florida
first-degree misdemeanor under section
812.014(2)(e), Florida Statutes (2016). See §
812.014(2)(e), Fla. Stat. (2016)
CopyPublished | Florida 2nd District Court of Appeal
Rodriguez with grand theft in violation of section
812.014, Florida Statutes (2014), but nolle prossed
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 19472, 2015 WL 9487574
...State,
814 So. 2d
1203, 1204 (Fla. 2d DCA 2002).
We remand for correction of a scrivener's error on the written judgment in
circuit court case number 14-5604. The judgment lists the offense as "GRAND THEFT
3F" and correctly cites section
812.014(2)(c)(1), but it incorrectly lists the degree as a
"First Degree Felony." Coleman was charged with third-degree grand theft in violation
of section
812.014(2)(c)(1), Florida Statutes (2014), which "is grand theft of the third
degree and a felony of the third degree." Accordingly, the judgment in circuit court case
number 14-5604 should be amended to reflect that the offense of grand th...
CopyPublished | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 19603, 2014 WL 6775312
...4th DCA 2008)
(citations omitted).
In order for a person to be convicted of “grand theft, the State must
prove that the value of the [property taken] was greater than $300.”
Mansfield v. State,
954 So. 2d 74, 76 (Fla. 4th DCA 2007) (citing §
812.014(2)(c)1., Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 18325
value of the property stolen is $300 or more. §
812.014(2)(c)l, Fla. Stat. (2002). “Proof of the element
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 16279
conviction for motor vehicle theft, proscribed by Section 812.-014(2)(b)4, Florida Statutes (1977). I would reverse
CopyPublished | District Court of Appeal of Florida
similar crimes, Wurtzel was charged under section
812.014(3)(c) of the Florida Statutes,2 which enhanced
CopyPublished | Florida 2nd District Court of Appeal | 1990 WL 211484
...Reversed and remanded for further proceedings consistent with this opinion. LEHAN, A.C.J., and HALL and PARKER, JJ., concur. NOTES [1] These were burglary of a structure, §
810.02(3), Fla. Stat. (1989); dealing in stolen property, §
812.019(1), Fla. Stat. (1989); and felony petit theft, §
812.014(2)(d), Fla....
CopyPublished | Florida 5th District Court of Appeal
motor vehicle, a third-degree felony under section
812.014(2)(c)(6), Florida Statutes (2017). Ultimately
CopyPublished | Florida 5th District Court of Appeal
motor vehicle, a third-degree felony under section
812.014(2)(c)(6), Florida Statutes (2017). Ultimately
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 19782
property is $300 or more at the time of the theft. §
812.014(2)(c)(l), Fla. Stat. (2006). At the adjudicatory
CopyPublished | District Court of Appeal of Florida | 1989 Fla. App. LEXIS 7016
proved the required elements of theft under section
812.014, Florida Statutes is true that ownership must
CopyPublished | Florida 3rd District Court of Appeal | 1989 WL 149638
...Stat. (1987), since it did not comply with the seal and signature requirements of that statute. Nevertheless, we uphold the adjudication because even without admission of the questioned documents, the state proved the required elements of theft under section 812.014, Florida Statutes is true that ownership must be alleged and proven to support a conviction for theft, State v....
CopyPublished | Court of Appeals for the Eleventh Circuit
court’s finding of theft as defined by Fla.Stat. §
812.014 (1983) and trebling of damages pursuant to Fla
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1872, 1989 Fla. App. LEXIS 4511
had been returned precluded conviction under section
812.014, Florida Statutes (1987). R.M., 450 So.2d at
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1722, 1986 Fla. App. LEXIS 9339
810.02, Florida Statutes) and grand theft (Section 812.-014, Florida Statutes) of NAPA Auto Parts Store
CopyPublished | Florida 3rd District Court of Appeal
...This can be further established by comparing the jury instructions for
4
grand theft (Fla. Std. J. Instr. (Crim.) 14.1) and robbery by sudden snatching (Fla.
Std. J. Instr. (Crim.) 15.4):
14.1 THEFT
§ 812.014, Fla....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1828, 1988 Fla. App. LEXIS 3601
ground that the state did not prove he violated section
812.014(1), Florida Statutes (1985), and thus the court
CopyPublished | District Court of Appeal of Florida
petit theft, a third-degree felony, under section
812.014(3)(c), Florida Statutes (2019). He scored
CopyPublished | Supreme Court of Florida | 10 Fla. L. Weekly 453, 1985 Fla. LEXIS 3757
regard to items specifically enumerated in section
812.014(2)(b) Florida Statutes. This view is consistent
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2045, 1985 Fla. App. LEXIS 17408
Florida Statutes (1981) and grand theft under section
812.014, Florida Statutes (1981). Each offense is a
CopyPublished | District Court of Appeal of Florida
grand theft, a third-degree felony under section
812.014(2)(d), Florida Statutes (2015), and dealing
CopyPublished | District Court of Appeal of Florida
conviction, however, the legislature amended section
812.014. The legislature changed the elements of a
CopyY.R. v. State (Fla. Dist. Ct. App. 2017).
Published | District Court of Appeal of Florida
delinquent of first-degree petit theft under section
812.014(2)(e), Florida Statutes (2016), applicable
CopyPublished | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 12828, 2014 WL 4097731
...SALTER, J.
On Partial Concession of Error
The State of Florida appeals orders dismissing a two-count information
alleging unemployment compensation fraud (section
443.071(1), Florida Statutes
(2012)) and grand theft (section
812.014(2)(c), Florida Statutes (2012)), based on
unemployment benefits fraud....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 20053
minimum value necessary to be convicted under section
812.014(2)(b)(l), Florida Statutes (1981). The trial
CopyPublished | Florida 6th District Court of Appeal
defendant charged with a $400 theft under section
812.014(1), (2)(c)1., Florida Statutes (effective July
CopyPublished | Florida 2nd District Court of Appeal
the intent to deprive the owner of its use. See §
812.014(1)(a), (b), Fla. Stat. (2024). In finding Ms.
CopyPublished | District Court of Appeal of Florida
Statutes; and petit theft, in violation of section
812.014(2)(E), Florida Statutes. The case proceeded
CopyPublished | Florida 2nd District Court of Appeal
D.D. committed second-degree petit theft, see §
812.014(3)(a), and second-degree misdemeanor criminal
CopyPublished | District Court of Appeal of Florida
D. committed second-degree petit theft, see §
812.014(3)(a), and second-degree misdemeanor criminal
CopyPublished | District Court of Appeal of Florida
charging defendant with grand theft under Section
812.014 Florida Statutes (1977). The dismissal is hereby
CopyPublished | District Court of Appeal of Florida
purposes of enhancement within the dictates of section
812.014(2)(c), Florida Statutes?” We have recently
CopyPublished | United States Bankruptcy Court, M.D. Florida | 2011 WL 1656218
...is entitled to minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts. FLA. STAT. §
772.11 ( emphasis added ). The provision of Chapter 12 Plaintiff apparently relies on is Fla. Stat. Section
812.014(1) which defines theft for purposes of Fla....
...er temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property. (b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property. FLA. STAT. §
812.014(1). [8] Establishing all of the elements of Section
812.014(1), including "felonious intent," for a finding of civil theft is a fundamental predicate to an award of damages pursuant to Section
772.11....
...If the property taken is of a value exceeding $1,000.00, the punishment is a fine, or imprisonment for not more than five years, or both. Id. The Florida civil theft statutory scheme is inconsistent with federal law and, therefore, preempted. Fla. Stat. Section 812.014(1) defines theft more broadly than the crime defined in 18 U.S.C....
...Section 661; the Florida statute makes punishable not only a taking but also knowing usage or attempts to use the property of another with intent to either, temporarily or permanently, deprive the other person of a right or benefit of the property or appropriate the property to his own use. FLA. STAT. §
812.014(1). Defendant would be subjected to additional punishments inconsistent with maritime law, including treble damages and payment of attorney's fees and costs if Fla. Stat. Sections
812.014(1) and
772.11 were applied....
...It, at trial, asserted it suffered damages of $86,000.00 [6] Pl's Ex. 7. [7] Doc. No. 11 at 4-5. [8] Plaintiff sent a demand letter to Defendant on November 3, 2009 (Doc. No. 11, Ex. 1) asserting $70,000.00 was misappropriated and citing Fla. Stat. Sections
772.11 and
812.014(1)....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19736
bicycle from a friend precluded conviction under section
812.014, Florida Statutes (1979). Reversed with directions
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12538
second degree grand theft in violation of section 812.-014(2)(b), Florida Statutes (1981). On March 9
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16123
Statutes (1979), and Count II Theft of a Firearm, section
812.014(l)(a), (b), (2)(b)(3), Florida Statutes (1977)
CopyPublished | Florida 2nd District Court of Appeal | 2015 WL 1930093
...However, we remand with directions to correct a scrivener's error which
appears in both the judgment and the order of probation. Ms. Murphy was charged
with, entered a plea to, and was sentenced for felony petit theft (two or more prior
convictions for theft). See § 812.014(3)(c), Fla. Stat. (2013). The judgment and order
of probation, however, reflect that Ms. Murphy entered a plea to grand theft of property
over $300, but less than $20,000. See § 812.014(2)(c)....
CopyPublished | District Court of Appeal of Florida
Garcia having Ms. Macriello’s PIN. Section
812.014(1) of the Florida Statutes (2013), Florida’s
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19226
violating his probation in that he violated section 812.-014(2)(b)(4), Florida Statutes (1981) (the Florida
CopyPublished | Supreme Court of Florida | 1979 Fla. LEXIS 4648
the motion to dismiss on the grounds that section
812.014, Florida Statutes (1977), is unconstitutional
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 981, 1986 Fla. App. LEXIS 7465
represents the “second conviction for petit theft.” § 812.-014(2)(c), Fla.Stat. (1985). Appellant argues that
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 2813
contain sufficient evidence of guilt under section 812.-014, Florida Statutes (Supp.1987); the state failed
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1052, 1985 Fla. App. LEXIS 13599
conviction of guilt for the crime of theft under section
812.014, Florida Statutes (1983). See J.W. v. State
CopyPublished | Florida 4th District Court of Appeal | 2008 WL 859412
...tain] promises he did not intend to perform them."
215 So.2d at 323. We held that only a false promise of a "past or existing fact" would support a "conviction for false pretenses." Id. The first district followed Youngker in a case prosecuted under section
812.014, Florida Statutes (1977), after the 1977 amendments to the theft statute....
CopyPublished | Florida 3rd District Court of Appeal | 1983 Fla. App. LEXIS 19179
DANIEL S. PEARSON, Judge. Because theft under Section 812.-014, Florida Statutes (1981), is a crime requiring
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 991, 1985 Fla. App. LEXIS 13451
meritless. Appellant’s counsel points out that Section
812.014 requires proof of an intent to steal, State
CopyPublished | Supreme Court of Florida | 1981 Fla. LEXIS 2649
a defendant charged with grand theft under section
812.014, Florida Statutes (1977), was not brought to
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1074, 1987 Fla. App. LEXIS 7787
when a person is charged with violation of section
812.014(1), Florida Statutes (1985), the theft statute
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 4412, 25 Fla. L. Weekly Fed. D 938
of grand theft of an automobile pursuant to section
812.014, Florida Statutes (1997), which provides in
CopyPublished | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 5545, 2012 WL 1192071
...Law,
559 So.2d 187, 189 (Fla.1989)). To prove the crime of theft, the state was required to prove that appellant knowingly obtained or used, or endeavored to obtain or use, the Trasks' property with intent to permanently or temporarily deprive the Trasks of its use. §
812.014(1)(a), Fla....
