Miami Defendant’s Appeal Highlights Jury Unanimity in Petit Theft Case

Petit theft charges may seem straightforward on the surface, but as a 2023 Miami appeal illustrates, complex legal questions can underlie even relatively minor alleged crimes. When a theft offense involves alternative acts as the means of commission, issues around jury unanimity requirements come into play with real implications for defendants.

The Incident

In July 2021, the defendant allegedly broke into the Miami apartment of his former girlfriend, demanding the return of his phone and wallet. After entering, the defendant allegedly snatched the victim’s purse, emptied its contents onto the floor, and proceeded to leave the premises with her phone, wallet, and medication in hand.

The defendant was subsequently arrested and faced six total criminal counts, including a petit theft charge of allegedly stealing the victim’s wallet and/or purse.

The Trial and The Appeal

At trial, the court instructed jurors to determine whether the defendant stole “the purse or wallet” belonging to the victim. The word “or” became highly consequential. The defendant appealed his later conviction, centrally arguing that the jury should have unanimously agreed on whether he stole the specific purse, wallet, or both.

Without such specificity, he contended this generalized approach violated his constitutional right to a unanimous verdict. So, a key question emerged on appeal: In a petit theft case involving alternative acts as modes of commission, does unanimity apply to the specific act or the overall charge?

The Concept of Unanimity in Criminal Law

Florida requires unanimous jury verdicts. In Blackwell v. State, the Third District Court of Appeal held that jurors did not have to agree on whether Blackwell stole the purse or wallet because both were alternative means of committing one theft.

The alleged takings involved the same victim, time, and place, without an intervening break. Where a single count instead rests on separate offenses, jurors must unanimously agree on at least one specific criminal act.

Every juror must still find that the prosecution proved each element of the offense beyond a reasonable doubt.

Expert Analysis: What the Appeals Court Ruled

Because Blackwell raised the issue for the first time on appeal, the court reviewed it for fundamental error. It found none and affirmed his conviction and sentence.

Why This Case Matters

Petit theft generally carries lower penalties than grand theft, but a conviction can still lead to jail time and fines. Prior theft convictions can also increase the severity of the charge. Get legal advice about the charge and penalties that apply to your case.

You Deserve Experienced Representation

This case shows why the scope of a theft charge and the jury instructions deserve careful review. An experienced defense attorney can assess those issues in your case.

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