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Castle v. State

District Court of Appeal of Florida, Second District
May 19, 1995
654 So. 2d 1277 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-01439.

May 19, 1995.

Appeal from the Circuit Court, Pinellas County, Frank Quesada, J.

James Marion Moorman, Public Defender, Bartow, and Karen Kinney, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Tonja R. Vickers, Asst. Atty. Gen., Tampa, for appellee.


The appellant, Mark Castle, challenges his convictions for burglary, dealing in stolen property, and grand theft. He raises several issues on appeal. We find merit only in his contention that he may not be convicted and sentenced for dealing in stolen property and grand theft where the same stolen property is involved in the same scheme or course of conduct and is the subject of both counts. Huffman v. State, 642 So.2d 40 (Fla. 2d DCA 1994). Therefore, we remand with instructions that the trial court impose a judgment of conviction on either offense, but not both.

Affirmed in part and reversed in part.

CAMPBELL, A.C.J., and FULMER, J., concur.


Summaries of

Castle v. State

District Court of Appeal of Florida, Second District
May 19, 1995
654 So. 2d 1277 (Fla. Dist. Ct. App. 1995)
Case details for

Castle v. State

Case Details

Full title:MARK CASTLE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: May 19, 1995

Citations

654 So. 2d 1277 (Fla. Dist. Ct. App. 1995)