DAVID L. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1981-10-21
Nos. 81-208, 81-209
SCHEB, C. J., and GRIMES, J., concur.
404 So. 2d 1165 Florida District Court of Appeal, Second District (1981) Caution
Cited by 6 cases
Opinion of the Court
RYDER, Judge.

RYDER, Judge.

Williams appeals his convictions for burglary, grand theft and dealing in stolen property. We reverse the conviction for grand theft since it was based on the same course of conduct that provided the foundation for the dealing in stolen property conviction. See Kelly v. State, 397 So. 2d 709 (Fla. 5th DCA 1981); section 812.025, Florida Statutes (1979). We affirm the convictions for burglary and dealing in stolen property but vacate the sentences and remand for a hearing to determine if appellant had a prior felony conviction. If not, the court must order a presentence investigation prior to resentencing. See Lopes v. State, 309 So. 2d 591 (Fla.2d DCA 1975); Fla.R.Crim.P. 3.710.

SCHEB, C. J., and GRIMES, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Rife v. State, 446 So. 2d 1157 (Fla. 2d DCA 1984)
    …to meaningfully disrupt the flow by a clearly disjunctive interval of time or set of circumstances, defendant’s conviction of and sentence for grand theft must be set aside. See Victory v. State, 422 So. 2d 67 (Fla. 2d DCA 1982); Williams v. State, 404 So. 2d 1165 (Fla. 2d DCA 1981). We do not mean to infer and do not read section 812.025 to prohibit convictions of both grand theft and dealing in stolen property in all situations where the same property is involved. Cf. Cleaves v. State, 450 So. 2d 511 (Fla…
  • Cleaves v. State, 450 So. 2d 511 (Fla. 2d DCA 1984)
    …cheme or course of conduct before the trial court at the time of the finding of guilt of the offenses. To the extent that Kelly v. State, 397 So. 2d 709 (Fla. 5th DCA 1981) can be construed to hold differently, we are in conflict. Williams v. State, 404 So. 2d 1165 (Fla. 2d DCA 1981) involves a finding as to the same course of conduct being involved in the two charges and is, thus, also factually distinguishable. Affirmed. OTT, C.J., and BOARDMAN, J., concur.…
  • McWHIRTER v. State, 429 So. 2d 810 (Fla. 2d DCA 1983)
    …rgues that the grand theft conviction must fall because it was based upon the same course of conduct that served as the foundation for the dealing in stolen property conviction. We agree that the grand theft conviction is invalid. Williams v. State, 404 So. 2d 1165 (Fla.1981); Kelly v. State, 397 So. 2d 709 (Fla. 5th DCA 1981); § 812.025, Fla.Stat. (1981). Given our reversal of the grand theft conviction, if we remand with directions that the written order be corrected to reflect the oral pronouncement, appel…

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