Miller v. State
212 So. 2d 388 | Fla. Dist. Ct. App. | 1968
The only testimony relative to value during the trial of these defendants for grand larceny and breaking and entering a dwelling house with intent to commit grand larceny is the following:
“Q. Would you tell the Jury what was missing?
A. A stereo, two TV’s, á Hallicrafter ship-to-shore radio, a watch, some records.
Q. All right. And what value did you place on all of this ?
A. Eight hundred.
Q. Eight hundred dollars ?
A. (Witness nodded affirmatively.)”
This is insufficient. Suarez v. State, 136 So.2d 367 (2d D.C.A.Fla.1962).
The other points raised by appellants are without merit. Pursuant to Florida Statutes § 924.34 (1967), F.S.A., judgment of the trial court is reversed and remanded with instruction to enter judgment of conviction on the lesser included offenses and to pass sentence accordingly.
