G. M., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
G. M., A JUVENILE, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
410 So. 2d 659
Florida District Court of Appeal, Third District (1982)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Section 812.025, Florida Statutes (1979) permits a finding of guilt of either theft or dealing in stolen property in connection with one scheme or course of conduct, but not both. Hudson v. State, 408 So. 2d 224 (Fla. 4th DCA 1981); Kelly v. State, 397 So. 2d 709 (Fla. 5th DCA 1981). We reject as totally without merit the state’s contention that a juvenile, unlike an adult, may in the same circumstances be adjudicated delinquent on both charges.
The adjudications of delinquency as to dealing in stolen property is AFFIRMED and as to theft is REVERSED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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T.S.R. v. State, 596 So. 2d 766 (Fla. 5th DCA 1992)…00 (Fla. 5th DCA 1981); Duncan v. State, 503 So. 2d 443 (Fla. 2d DCA 1987); Repetti v. State, 456 So. 2d 1299 (Fla. 2d DCA 1984); Victory v. State, 422 So. 2d 67 (Fla. 2d DCA 1982); Hudson v. State, 408 So. 2d 224 (Fla. 4th DCA 1981), G.M. v. State, 410 So. 2d 659 (Fla. 3d DCA 1982). As explained in Ridley, because the dealing offense is a felony of the second degree and subject to greater punishment than the grand theft offense involved in this case, which is a third degree felony, we reverse the theft conv…
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Williamson v. Williamson, 478 So. 2d 850 (Fla. 3d DCA 1985)…thereby denying appellee procedural due process and depriving the trial court of perfected subject matter jurisdiction. Whigham v. Whigham, 464 So. 2d 674 (Fla. 5th DCA 1985); Stimpson v. Stimpson, 442 So. 2d 1103 (Fla. 3d DCA 1983); Stock v. Stock, 410 So. 2d 659 (Fla. 3d DCA 1982). Affirmed.…
Authorities Cited
- Kelly v. State, 397 So. 2d 709 (Fla. 5th DCA 1981)
- Hudson v. State, 408 So. 2d 224 (Fla. 4th DCA 1981)