Arrestable Offenses / Crimes under Fla. Stat. 812.0145
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2007 WL 4245410
...ed with violation of probation in another case. One of the charges in the information alleged in its title a charge of grand theft from a person sixty-five years of age or older in an amount in excess of $10,000, which is a second-degree felony. See § 812.0145(2)(b), Fla. Stat. In the body of the information, however, the state alleged that he had taken an amount of $300 or more, an amount which would indicate a third-degree felony. See § 812.0145(2)(c), Fla. Stat. However, rather than citing this subsection, the body of the information cited 812.0145(2)(b)....
...A presentence investigation report was prepared. In it, both case no. 03-9145 for grand theft over $20,000 and case no. 03-5301 for grand theft from a person sixty-five years of age or older, were listed as second-degree felonies, the latter being listed as a violation of section 812.0145(2)(b)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 20495, 2011 WL 6438868
...in response to motion for correction of sentence). However, it failed to do so. On remand, the trial court must sentence Goldberg to a nonstate prison sanction. REVERSED and REMANDED for resentencing. ORFINGER, C.J. and SAWAYA, J., concur. NOTES [1] § 812.0145(2)(c), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 3716943, 2013 Fla. App. LEXIS 11223
...was a purported loan by the Plaintiff [Rhodes] to Defendant O. Turner & Company, LLC. When the undersigned requested documents to substantiate this claimed loan, Defendant [Othel] Turner acknowledged no such document exist, [sic] 21. Pursuant to § 812.0145(2)(a), the Defendants have, with intent to deprive the Plaintiff of same, stolen assets valued in excess of $50,000.00 from the Plaintiff, and thus have committed felonies of the first degree....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 13529
...ces for three counts of
fraudulent use of personal identification information, see §
817.568, Fla. Stat. (2013),
one count of fraudulent use of a credit card, see §
817.61, two counts of theft from a
person sixty-five years of age or older, see §
812.0145, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 8440, 2011 WL 2279019
...of a right to the property or a benefit from the property.” §
812.014(1)(a). When the defendant knows or has reason to know that the victim is sixty-five or older and the amount is between $10,000 and $50,000, the crime is a second-degree felony. §
812.0145(2)(b). When the amount is $800 or more but less than $10,000, the crime is a third-degree felony. §
812.0145(2)(c)....
...he mental capacity to consent to the taking of his or her property.” Id. at 401 . In this case, the State proved that after Woichowski’s stroke, Guarscio cashed checks totaling just under $5000. Thus, the State proved a third-degree felony under section 812.0145(2)(c)....
CopyPublished | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 2002, 2005 WL 414838
...The defendant, Eugene Gruenwald, appeals his conviction for burglary of a dwelling and two counts of grand theft of property from a person over the age of 65. We find no error as to the burglary conviction, but we conclude that the age of the victim was not a proper basis for an enhancement of the theft charges. Section 812.0145, Florida Statutes reclassifies the penalties for theft if the victim is over the age of 65, but, as the state concedes, this statute does not apply in the present case because it took effect after the date of the defendant’s offenses....
CopyPublished | District Court of Appeal of Florida
theft of the proceeds of the sale pursuant to section
812.0145(2)(b), Florida Statutes,2 seeking treble
