Summary
agreeing with the appellant and the State's concession of error that the appellant's dual convictions for grand theft and dealing in stolen property violated double jeopardy because both offenses were committed during a single, ongoing scheme and reversing and remanding for the trial court to vacate the lesser grand theft conviction
Summary of this case from Bennett v. StateOpinion
Case No. 1D16-3432.
08-21-2017
Femi ADOYE, Appellant, v. STATE of Florida, Appellee.
Candice K. Brower, Regional Conflict Counsel, and Michael Jerome Titus, Assistant Regional Conflict Counsel, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General; Trisha Meggs Pate, Samuel Steinberg, and Jason W. Rodriguez, Assistant Attorneys General, Tallahassee, for Appellee.
Candice K. Brower, Regional Conflict Counsel, and Michael Jerome Titus, Assistant Regional Conflict Counsel, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General; Trisha Meggs Pate, Samuel Steinberg, and Jason W. Rodriguez, Assistant Attorneys General, Tallahassee, for Appellee.
PER CURIAM.
The appellant, Femi Adoye, appeals his dual convictions for grand theft, a third-degree felony under section 812.014(2)(d), Florida Statutes (2015), and dealing in stolen property, a second-degree felony under section 812.019(1), Florida Statutes (2015). The appellant argues his dual convictions violate double jeopardy because both offenses were committed during a single, ongoing scheme. See § 812.025, Fla. Stat. (2015). The State concedes this error. We reverse and remand to vacate the lesser grand theft conviction. See Blackmon v. State, 121 So.3d 535, 548 (Fla. 2013) ; Jackson v. State, 197 So.3d 649 (Fla. 1st DCA 2016).
REVERSED AND REMANDED.
ROBERTS, OSTERHAUS and M.K. THOMAS, JJ., CONCUR.