CHERIE YODER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Cherie Yoder appeals her convictions for grand theft in the second degree and obtaining money from a pawnbroker by fraud. The Florida appellate court affirms her convictions and sentences but remands for correction of clerical errors in the written judgment and sentencing documents.
The appellate court affirmed Ms. Yoder's convictions and the orally imposed concurrent sentences of three years in prison on counts I and III, followed by concurrent probation terms of twelve years on count I and two years on count III.
[1] A conviction for grand theft in the first degree may be affirmed when the jury finds the defendant guilty of the lesser-included offense of grand theft in the second degr…
[2] A conviction for obtaining money from a pawnbroker by fraud may be affirmed.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“After a jury trial, Ms. Yoder was found guilty of count III, as charged, and of grand theft in the second degree, a lesser-included offense of the grand theft charged in count I.”
Establishes the actual verdicts reached by the jury at trial.
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Join FLexlaw to unlock all legal intelligenceMs. Yoder was charged with grand theft in the first degree, dealing in stolen property, and obtaining money from a pawnbroker by fraud. The State noll…
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Cherie Yoder challenges her convictions and sentences for grand theft in the second degree and obtaining money from a pawnbroker by fraud. Ms. Yoder was charged with grand theft in the first degree (count I), dealing in stolen property (count II), and obtaining money from a pawnbroker by fraud (count III). The State subsequently nolle prossed count II. After a jury trial, Ms. Yoder was found guilty of count III, as charged, and of grand theft in the second degree, a lesser-included offense of the grand theft charged in count I. The trial court orally imposed concurrent sentences of three years in prison on counts I and III, followed by concurrent terms of twelve years of probation on count I and two years of probation on count III. We affirm Ms. Yoder’s convictions and sentences without further comment. We remand for the limited purpose of correcting scrivener’s errors which appear in the written judgment, the sentences, and the order of probation.
For reasons unclear from the record, the written judgment erroneously reflects that Ms. Yoder entered a guilty plea and that she was convicted of grand theft as charged, rather than the lesser-included grand theft in the second degree. Additionally, the written sentences and the order of probation erroneously reflect that Ms. Yoder was sentenced to two years of probation on count II, rather than count III. Accordingly, we affirm Ms. Yoder’s convictions and orally imposed sentences but remand for the trial court to enter a written judgment, written sentences, and an order of probation that correctly reflect Ms. Yoder’s convictions and sentences. See Willingham v. State, 48 So.3d 173, 173 (Fla. 2d DCA 2010); Matthews v. State, 48 So.3d 915, 916 (Fla. 2d DCA 2010).
Affirmed and remanded.
DAVIS and KHOUZAM, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Willingham v. State, 48 So. 3d 173 (Fla. 2d DCA 2010)
- Aurelius v. State, 48 So. 3d 173 (Fla. 2d DCA 2010)
- Matthews v. State, 48 So. 3d 915 (Fla. 2d DCA 2010)