TROY WRIGHT
v.
STATE OF FLORIDA
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A defendant's counsel is deficient under the Sixth Amendment for failing to raise section 812.025, which prohibits dual convictions for dealing in stolen property and petit theft arising from the same scheme or course of conduct, and the proper remedy is vacation of the lesser conviction for petit theft.
[1] A defendant's trial counsel is deficient under the Sixth Amendment for failing to raise a statutory prohibition against dual convictions for dealing in stolen property an…
Previewing 1 of 1 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“section 812.025 prohibits a trial court from adjudicating a defendant guilty of both theft and dealing in stolen property in connection with one scheme or course of conduct”
Court's explanation of the statutory prohibition underlying Wright's section 3.850 claim
Troy Wright was convicted of both dealing in stolen property and petit theft. Wright filed a postconviction motion under Florida Rule of Criminal Proc…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
TROY WRIGHT,
Appellant,
v. Case No. 5D19-1327
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed October 9, 2020
3.850 Appeal from the Circuit Court for Orange County, John M. Kest, Judge.
James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, Rebecca Rock McGuigan and Nora Hutchinson Hall, Assistant Attorneys General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm the denial of all issues raised by Troy Wright in his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief, except for Wright’s argument that his counsel was deficient for failing to raise section 812.025, Florida Statutes (2012). Wright argues, and the State concedes, that under the facts of this case, Wright’s dual
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hall v. State, 826 So. 2d 268 (Fla. 2002)
- Blackmon v. State, 121 So. 3d 535 (Fla. 2013)
- Vinson T. Blocker v. State, 247 So. 3d 649 (Fla. 5th DCA 2018)