Opinion
No. 89-68.
November 21, 1989.
An Appeal from the Circuit Court for Dade County; Seymour Gelber, Judge.
Bennett H. Brummer, Public Defender and Rosa C. Figarola, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Patricia Ann Ash, Asst. Atty. Gen., for appellee.
Before BASKIN, FERGUSON and COPE, JJ.
The State concedes that for the lack of proof that the damage to the victim's home, caused by the defendant's egg and furniture throwing episode, exceeded $1,000, the adjudication for felony criminal mischief cannot stand. See Valdes v. State, 510 So.2d 631 (Fla. 3d DCA 1987).
Reversed and remanded with instructions to enter a new adjudication on a first-degree misdemeanor offense.