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Smith v. State

District Court of Appeal of Florida, First District
Jul 17, 2001
789 So. 2d 521 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 1D99-4433

Opinion filed July 17, 2001.

An appeal from an order of the Circuit Court for Clay County. William A. Wilkes, Judge.

Nancy A. Daniels, Public Defender; Edgar Lee Elzie, Jr., Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Karla D. Ellis, Assistant Attorney General, Tallahassee, for Appellee.


Appellant was convicted of one count of grand theft and one count of dealing in stolen property in connection with one scheme. Section 812.025, Florida Statutes (1999), prohibits an individual from being convicted of both grand theft and dealing in stolen property in connection with one scheme. Accordingly, we affirm the conviction for dealing in stolen property, but vacate the conviction for grand theft and remand for correction to the sentence to reflect that the grand theft conviction is vacated. See Golden v. State, 688 So.2d 419 (Fla. 1st DCA 1997). We affirm on all other issues on appeal.

AFFIRMED in part, REVERSED in part, and REMANDED.

BARFIELD, DAVIS and LEWIS, JJ., CONCUR.


Summaries of

Smith v. State

District Court of Appeal of Florida, First District
Jul 17, 2001
789 So. 2d 521 (Fla. Dist. Ct. App. 2001)
Case details for

Smith v. State

Case Details

Full title:LONNIE DAVID SMITH, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jul 17, 2001

Citations

789 So. 2d 521 (Fla. Dist. Ct. App. 2001)

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