Clarence L. Frazier v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CLARENCE LEONTE FRAZIER, Appellant, v. Case No. 5D12-253 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 14, 2014 Appeal from the Circuit Court for Orange County, Bob Leblanc, Judge. James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant. Clarence L. Frazier, Bushnell, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm Appellant s judgment and sentence for burglary of a dwelling, but reverse the judgment for grand theft because the evidence was insufficient to establish the value of the items at the time of the theft. Smith v. State, 955 So. 2d 1227 (Fla. 5th DCA 2007). We, therefore, remand for entry of a judgment for petit theft pursuant to section 812.014(3)(a), Florida Statutes (2011). AFFIRMED IN PART; REVERSED IN PART AND REMANDED. TORPY, C.J., PALMER and ORFINGER, JJ., concur. 2

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