KELVIN WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court vacated petit theft conviction where defendant was adjudicated guilty of both petit theft and dealing in stolen property involving the same property, violating Fla. Stat. § 812.025 which prohibits conviction on both counts.
A defendant cannot be adjudicated guilty of both petit theft and dealing in stolen property when both offenses involve the same property, as Fla. Stat. § 812.025 requires the jury to return a verdict on one or the other but not both.
[1] A defendant cannot be adjudicated guilty of both theft and dealing in stolen property when the charges involve the same property and scheme, as Fla. …
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Join FLexlaw to unlock all legal intelligence“the trier of fact may return a guilty verdict on one or the other, but not both, of the counts”
Fla. Stat. § 812.025 regarding charging theft and dealing in stolen property in connection with one scheme or course of conduct
Defendant was charged with burglary of a dwelling, petit theft, and dealing in stolen property. After jury trial, he was found guilty on all counts, w…
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HARRIS, Judge.
Defendant was charged by information with burglary of a dwelling, petit theft, and dealing in stolen property. After a jury trial, he was found guilty as charged on all counts. Defendant was adjudicated guilty on all counts, but was only sentenced for burglary of a dwelling and dealing in stolen property. The petit theft and the dealing in stolen property offenses involved the same property, a VCR. Defendant claims on appeal that it was error for the court to adjudicate him guilty of petit theft. We agree.
Section 812.025, Florida Statutes (1989), reads as follows:
Charging theft and dealing in stolen property. Notwithstanding any other provision of law, a single indictment or information may, under proper circumstances, charge theft and dealing in stolen property in connection with one scheme or course of conduct in separate counts that may be consolidated for trial, but the trier of fact may return a guilty verdict on one or the other, but not both, of the counts.
The jury should have been instructed to return a verdict on the petit theft or dealing in stolen property charge but not both. The judgment should not reflect an adjudication of guilt for petit theft.
The conviction for petit theft is vacated; otherwise the judgment and sentence is affirmed.
DAUKSCH and COBB, JJ., concur.
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Haggerty v. State, 641 So. 2d 197 (Fla. 4th DCA 1994)…er, since the statutory maximum sentence is five years. The state also agrees that the defendant could not have been convicted of grand theft and dealing in stolen property, when both convictions involved the same stolen property. Williams v. State, 584 So. 2d 1133 (Fla. 5th DCA 1991). We therefore reverse and remand so that the court can strike the two year probationary term imposed following the five year sentence on false verification to a dealer and vacate the conviction and sentence for grand theft. A…