Hernandez v. State

Full title: TIMOTHY HERNANDEZ, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: May 27, 1994

636 So. 2d 605 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-1122.

May 27, 1994.

Appeal from the Circuit Court for Osceola County; Gary L. Formet, Sr., Judge.

James B. Gibson, Public Defender, and Susan A. Fagan, Asst. Public Defender, Daytona Beach, for appellant.

Timothy Hernandez, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, 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. § 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). The conviction for the lesser degree crime, the grand theft conviction, is vacated. Ridley. Because the defendant was not sentenced on the grand theft conviction and because a minor error in the guideline scoresheet does not affect the defendant's guideline scoresheet cell, nothing further need be done.

CONVICTION FOR COUNT TWO, GRAND THEFT VACATED; CONVICTIONS AND SENTENCES FOR COUNTS ONE AND THREE AFFIRMED.

DAUKSCH and THOMPSON, JJ., concur.