C.A. 2nd;
B271109

The Second Appellate District affirmed a judgment as modified. In the published portion of its opinion, the court held that the sales tax typically charged by a retailer was properly included in determining the value of stolen merchandise.

Troy Seals stole a cell phone, at knifepoint, from a retailer. He was tried before a jury on charges of second degree robbery and second degree commercial burglary. To establish that the value of the phone equaled or exceeded $950, the prosecutor introduced the testimony of the store owner, who testified that he typically sold the phone for $899, plus sales tax, which increased the price to almost $1,000. Seals was convicted.