Arnaldo VALDES, Appellant,
v.
The STATE of Florida, Appellee.
District Court of Appeal of Florida, Third District.
*632 Arnaldo Valdes, in pro. per.
Robert A. Butterworth, Atty. Gen., and Ralph Barreira, Asst. Atty. Gen., for appellee.
Before HENDRY, NESBITT, and FERGUSON, JJ.
PER CURIAM.
We affirm Valdes's conviction for criminal mischief pursuant to section 806.13, Florida Statutes (1985), because proof of the value of the property damage is not, as Valdes contends, an essential element of the crime. Consequently in order to sustain a conviction the state needed only to prove that Valdes willfully or maliciously damaged another's property. § 806.13(1)(a), Fla. Stat. (1985). While damage to property is an essential element of the crime of criminal mischief, N.R. v. State,
We reverse Valdes's concurrent sentence of three years' imprisonment for criminal mischief. The offense of criminal mischief is punishable as a second degree misdemeanor if the property damage does not exceed $200, § 806.13(1)(b)(1), Fla. Stat. (1985), with a maximum term of imprisonment of not more than sixty days, § 775.082(4)(b), Fla. Stat. (1985). Since, as the state concedes, the jury did not find that the value of the property damage exceeded $200, the trial court erred in imposing a three year sentence. Cf. Andrews v. State,
