OBEID MOHAMAD ALMULLA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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THOMPSON, Judge.
The defendant’s convictions for both dealing in stolen property (§ 812.019, Fla.Stat.) and grand theft (§ 812.014, Fla.Stat.) in connection with one scheme or course of conduct was improper. See, Hernandez v. State, 636 So. 2d 605 (Fla. 5th DCA 1994) (citing, § 812.025, Fla. Stat.; T.S.R. v. State, 596 So. 2d 766 (Fla. 5th DCA 1992); Shearer v. State 582 So. 2d 28 (Fla. 5th DCA 1991); Duncan v. State, 503 So. 2d 443 (Fla. 2d DCA 1987); W.J. v. State, 485 So. 2d 22 (Fla. 5th DCA 1986); Ridley v. State, 407 So. 2d 1000 (Fla. 5th DCA 1981)). Accordingly, we reverse the conviction and sentence for dealing in stolen property. In addition, we reverse the sentence for the grand theft count, and remand for resentencing with a corrected scoresheet. See, Lawrence v. State, 590 So. 2d 1068 (Fla. 5th DCA 1991).
AFFIRMED IN PART, REVERSED IN PART AND REMANDED.
HARRIS, J., concurs.
GOSHORN, J., concurs specially, with opinion.
GOSHORN, Judge,
concurring specially.
I write only to point out that in this case, both of the defendant’s convictions were second degree felonies. The defendant correctly argued that one of the convictions must be reversed, although he expressed no preference for which that should be. We have chosen to reverse the conviction for dealing in stolen property because the State prefers that we reverse that conviction.
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Maury Barnlund v. State, 724 So. 2d 632 (Fla. 5th DCA 1998)…ot affected. AFFIRMED in part, REVERSED in part. PETERSON and THOMPSON, JJ., concur. . Harris has never been located. . Scorpio v. State, 717 So. 2d 1122 (Fla. 5th DCA 1998); L.E.S. v. State, 693 So. 2d 141 (Fla. 5th DCA 1997); Almulla v. State, 677 So. 2d 987 (Fla. 5th DCA 1996); Hernandez v. State, 636 So. 2d 605 (Fla. 5th DCA 1994); Shearer v. State, 582 So. 2d 28 (Fla. 5th DCA 1991); Ridley v. State, 407 So. 2d 1000 (Fla. 5th DCA 1981).…
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L.E.S. v. State, 693 So. 2d 141 (Fla. 5th DCA 1997)…third degree felony, in violation of sections 812.014(1) and (2)(c). Section 812.025, Florida Statutes (1995) prohibits convictions for both dealing in stolen property and grand theft arising out of a single course of conduct. See Almulla v. State, 677 So. 2d 987 (Fla. 5th DCA 1996); Ridley v. State, 407 So. 2d 1000 (Fla. 5th DCA 1981). AFFIRMED IN PART; ORDER PARTIALLY VACATED. " PETERSON, C.J., and GOSHORN and GRIFFIN, JJ., concur.…
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Guiseppe Lucio Scorpio v. State, 717 So. 2d 1122 (Fla. 5th DCA 1998)…he second degree felony of dealing in stolen property. Section 812.025, Florida Statutes (1995) prohibits convictions for both crimes when they arise out of a single transaction. L.E.S. v. State, 693 So. 2d 141 (Fla. 5th DCA 1997); Almulla v. State, 677 So. 2d 987 (Fla. 5th DCA 1996). We find that the issue raised by appellant regarding the prosecutor’s comment to be disposed of by the harmless error analysis of State v. DiGuilio, 491 So. 2d 1129 (Fla.1986) and Jones v. State, 686 So. 2d 749 (Fla. 5th DCA 1…
Authorities Cited
- T.S.R. v. State, 596 So. 2d 766 (Fla. 5th DCA 1992)
- Ridley v. State, 407 So. 2d 1000 (Fla. 5th DCA 1981)
- Jollie v. State, 407 So. 2d 1000 (Fla. 5th DCA 1981)
- Fredrick M. Lawrence v. State, 590 So. 2d 1068 (Fla. 5th DCA 1991)
- W.J. v. State, 485 So. 2d 22 (Fla. 5th DCA 1986)
- Shearer v. State, 582 So. 2d 28 (Fla. 5th DCA 1991)
- Alphonso Chandler v. State, 503 So. 2d 443 (Fla. 2d DCA 1987)
- Duncan v. State, 503 So. 2d 443 (Fla. 2d DCA 1987)
- Polson v. State, 636 So. 2d 605 (Fla. 5th DCA 1994)