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Ware v. State

District Court of Appeal of Florida, Second District
Feb 15, 1995
652 So. 2d 402 (Fla. Dist. Ct. App. 1995)

Opinion

No. 93-01655.

February 15, 1995.

Appeal from the Circuit Court for Polk County; Dennis P. Maloney, Judge.

James Marion Moorman, Public Defender, and Jennifer Y. Fogle, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.


Robert Lane Ware appeals his convictions for exploitation of an aged person, as proscribed by section 415.111(5), Florida Statutes (1991), and grand theft. For the reasons stated in our decision filed on this same date in his codefendant's case, see Deranger v. State, 652 So.2d 400 (Fla. 2d DCA 1995), we reverse Mr. Ware's conviction for exploitation of an aged person, and affirm his conviction for grand theft. Because our reversal of his conviction for exploitation affects his guidelines scoresheet computation, we reverse his sentence for grand theft and remand for resentencing. Upon remand, the trial court should also correct the judgment to reflect that the jury found Mr. Ware guilty of grand theft, a third degree felony. We reject his arguments that the trial court erred in denying his special requested jury instruction and in imposing restitution.

Affirmed in part, reversed in part, and remanded for resentencing.

PATTERSON, A.C.J., and ALTENBERND and LAZZARA, JJ., concur.


Summaries of

Ware v. State

District Court of Appeal of Florida, Second District
Feb 15, 1995
652 So. 2d 402 (Fla. Dist. Ct. App. 1995)
Case details for

Ware v. State

Case Details

Full title:ROBERT LANE WARE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 15, 1995

Citations

652 So. 2d 402 (Fla. Dist. Ct. App. 1995)

Citing Cases

Deranger v. State

Mr. Ware was also convicted of similar crimes. He has a separate appeal. Ware v. State, 652 So.2d 402 (Fla.…