Colletti v. State
2011 Fla. App. LEXIS 13053
| Fla. Dist. Ct. App. | 2011Background
- Colletti was convicted of third-degree felony murder; underlying felony alleged was grand theft from the victim's dwelling.
- The State failed to prove the value of the stolen items required to sustain grand theft under §812.012(10)(a)(1).
- The items included a wall safe, a DVR, a laptop, and a mobile phone; the record lacked evidence of contents or value.
- Marrero v. State (2011) later disapproved Jackson’s minimum-value approach; the court held minimum-value proof must reflect impossibility to ascertain value.
- The State argued an endeavor-to-obtain theory could prove value, but there was no proof the safe contained items or that value could be shown beyond $100.
- The court reversed Colletti’s felony murder conviction and remanded to discharge, noting petit theft could not support felony murder as a lesser-included offense not present here.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved the underlying grand theft value | Colletti | Colletti | Insufficient; value not proven beyond reasonable doubt |
| Whether the minimum-value provision applies | State relied on 812.012(10)(b) | Marrero restricted Jackson’s approach | Not applicable; value cannot be presumed without impossibility to ascertain value |
| Whether an endeavor-to-obtain theory can prove value | State attempted to prove value by endeavor | No proof safe contents or value; endeavor fails | Rejected; cannot prove value without contents or replacement value evidence |
| Whether the felony murder conviction should be reversed | State proves underlying felony | Colletti | Reversed; insufficient proof of underlying grand theft; remanded to discharge |
Key Cases Cited
- Sori v. State, 477 So. 2d 49 (Fla. 2d DCA 1985) (standard for sufficiency of felony-murder underlying felony evidence)
- Evans v. State, 452 So. 2d 1040 (Fla. 2d DCA 1984) (value proof required for grand theft)
- Jackson v. State, 413 So.2d 112 (Fla. 2d DCA 1982) (minimum value invoked when value cannot be ascertained (overruled by Marrero))
- Marrero v. State, 71 So. 3d 881 (Fla.2011) (disapproved Jackson; clarified 812.012(10)(b) use)
- Weatherspoon v. State, 419 So.2d 404 (Fla. 2d DCA 1982) (minimum value rarity requirement)
- K.W. v. State, 13 So. 3d 90 (Fla. 3d DCA 2009) (limits on minimum-value application)
- Doane v. State, 847 So.2d 1015 (Fla. 5th DCA 2003) (insufficient evidence of market value)
- Capaldo v. State, 679 So.2d 717 (Fla.1996) (requires evidence of actual property for trafficking/endeavor in stolen property)
- State v. Santo, 693 So.2d 139 (Fla. 2d DCA 1997) (overbroad reliance on endeavor to obtain)