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K.W. v. State, No. 3D08-2473 (Fla. App. 5/20/2009) (Fla. App., 2009)

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K.W., a juvenile, Appellant, v. The State of Florida, Appellee. No. 3D08-2473. District Court of Appeal of Florida, Third District. Opinion filed May 20, 2009.An Appeal from the Circuit Court for Miami-Dade County, Douglas J. Chumbley, Judge. Lower Tribunal No. 07-5837. Carlos J. Martinez, Public Defender, and Brian L. Ellison, Assistant Public Defender, for appellant. Bill McCollum, Attorney General, and Heidi Milan Caballero, Assistant Attorney General, for appellee. Before ROTHENBERG, LAGOA, and SALTER, JJ. ROTHENBERG, J. K.W. appeals from an order withholding adjudication of delinquency and placing him on probation after the trial court found that K.W. committed battery1 and first degree petit theft. Because the State failed to establish that the market value of the stolen property exceeded $100, we reverse and remand with instructions to reduce the offense level from first degree petit theft to second degree petit theft...continue to full post

Full post as published by Florida Criminal Law Opinions on May 20, 2009 (boomark / email).