Milian v. State

Full title: Luis Santino MILIAN, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fourth District.

Date published: Jul 18, 2012

92 So. 3d 304 (Fla. Dist. Ct. App. 2012)

Opinion

No. 4D11–518.

2012-07-18

Luis Santino MILIAN, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; James W. McCann, Judge; L.T. Case No. 562009CF003354A. Ashley Nicole Minton of Fender & Minton, P.A., Fort Pierce, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; James W. McCann, Judge; L.T. Case No. 562009CF003354A.
Ashley Nicole Minton of Fender & Minton, P.A., Fort Pierce, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.

Luis Santino Milian appeals his convictions and sentences for third-degree grand theft in violation of section 812.014, Florida Statutes (2009), and felony retail theft in concert with others in violation of section 812.015(8)(a). For the reasons set forth in his co-defendant's case, Rimondi v. State, 89 So.3d 1059 (Fla. 4th DCA 2012), we reverse Milian's conviction and sentence for third-degree grand theft because it violates double jeopardy, but we affirm his conviction and sentence for felony retail theft.

Affirmed in part and reversed in part.

TAYLOR, CIKLIN and GERBER, JJ., concur.