Mr. Nooe was convicted of first-degree felony grand theft. The charge arose out of financial transactions at a rape crisis center during his tenure as executive director. The 5th District Court of Appeal reduced his conviction to second-degree felony grand theft, concluding the state had not proven the $100,000 threshold necessary for a first-degree felony conviction. In this appeal, Mr. Nooe seeks to get the conviction overturned. He argues the 5th District Court of Appeal decision conflicts with rulings by other district courts as well as the Supreme Court and that the language of the legal document describing the criminal charge did not give the state leeway to combine dozens of separate transactions over three and a half years into one charge. The state argues the issue was not preserved for appeal.