Opinion
No. 2D00-614.
Opinion filed February 21, 2001.
Appeal from the Circuit Court for Lee County; William J. Nelson, Judge.
James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.
We affirm Jeffrey Cooper's judgments and sentences for trespass of a structure and dealing in stolen property. We reverse the judgment and sentence for petit theft because the trier of fact was statutorily barred from returning a guilty verdict on both the offense of theft and of dealing in stolen property based upon the one course of conduct alleged. See § 812.025, Fla. Stat. (1999).
Altenbernd, A.C.J., and Casanueva, J., and Campbell, Monterey, (Senior) Judge, Concur.