Jimmy Huel COFIELD, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, First District.
*850 Charles J. Kahn, Jr. and Michael J. Griffith of Levin, Warfield, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, Pensacola, for appellant.
Jim Smith, Atty. Gen. and Gary L. Printy, Asst. Atty. Gen., Tallahassee, for appellee.
ERVIN, Judge.
Cofield appeals his conviction and sentence of two years probation for grand theft in the second degree. Appellant raises several issues on appeal, only one of which merits discussion. He argues that the state failed to introduce competent evidence as to the value of the stolen property. We agree and reverse and remand.
On July 26, 1984, Cofield, a power distribution operator employed by the Monsanto Company, was arrested for allegedly stealing certain property used in the operation of the Monsanto plant.[1] In its case-in-chief, the state introduced the opinion testimony of Jimmie Wiggins to establish the value of the stolen property. Mr. Wiggins is a security officer at the Monsanto plant, and had examined the cache of materials found on the Monsanto premises prior to Cofield's arrest. Mr. Wiggins' testimony was based solely on a computer printout prepared by Mr. Stacey, an inventory manager employed by Monsanto. Mr. Wiggins testified to the individual cost of each item and found the total cost of the property stolen to be $976. The state did not call Mr. Stacey to testify, but was allowed to rely, over objection, on testimony of Mr. Wiggins, who had no personal knowledge of the value of the goods.
It is well-settled that proof of the element of value is essential to a conviction for grand theft and must be established by the state beyond a reasonable doubt. Negron v. State,
We find this case distinguishable from Swain v. State,
Next, we must determine whether the lack of Wiggins' personal knowledge made his testimony per se inadequate to establish value. To answer this question, we must address a question left open by Swain: Whether the trial court erred in allowing Wiggins to testify from what he had learned from the computer printouts. We adopt the rule stated by our sister court: "Computer printouts, like business records, are admissible if the custodian or other qualified witness is available to testify as to manner of preparation, reliability and trustworthiness of the product." Pickrell v. State,
In the case at bar, the state has failed to satisfy the above foundational requirements to the exception to the hearsay rule. Since Wiggins' testimony was based entirely on the computer printout information, it must be considered hearsay. Under the circumstances, its admission was not harmless and the trial court erred in permitting it into evidence. Finding no other competent evidence to establish value, we conclude that the state has failed to establish the value of the stolen goods.
Reversed and remanded with directions that the trial court either grant defendant a new trial or adjudicate him guilty of the offense of petit theft and resentence him accordingly.
SHIVERS and JOANOS, JJ., concur.
NOTES
Notes
[1] Cofield was charged by information, under Section 812.014(2)(b)(1), Florida Statutes, with the theft of certain property: two lanterns, a flourescent bulb, a gas hose, a welding rod, two pieces of angle iron, a pipe, stainless steel stock, and stainless tubing and nuts, valued at less than $20,000.00, but more than $100.
[2] Formerly the statute (Section 812.011(2), Florida Statutes (1975)), had permitted value to be established only by evidence of the fair market value of the property. The Florida Anti-Fencing Act, however, added the "replacement value" language, effective October 1, 1977. § 3, Ch. 77-342, Laws of Fla.
