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Cooper v. State

District Court of Appeal of Florida, Second District
Feb 21, 2001
794 So. 2d 615 (Fla. Dist. Ct. App. 2001)

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.


Summaries of

Cooper v. State

District Court of Appeal of Florida, Second District
Feb 21, 2001
794 So. 2d 615 (Fla. Dist. Ct. App. 2001)
Case details for

Cooper v. State

Case Details

Full title:JEFFREY KEITH COOPER, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Feb 21, 2001

Citations

794 So. 2d 615 (Fla. Dist. Ct. App. 2001)

Citing Cases

Hale v. State

We accordingly vacate the lesser petit theft conviction. Cooper v. State, 794 So.2d 615 (Fla. 2d DCA 2001).…