ROGER VICTORY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant cannot be convicted of both theft and dealing in stolen property for the same scheme, but can be convicted of grand theft based on obtaining money through false pretenses.
The defendant stole tractor-trailers, sold them in another county for cash and a note, and was convicted of grand theft in the first county. He was su…
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DANAHY, Judge.
The defendant stole some tractor-trailers in Pasco County. On the same date, he took the trailers to Manatee County and sold them to Ramon Garcia for $4,500 in cash and a $3,000 note. The defendant was convicted of grand theft in Pasco County. This appeal arises from Manatee County, where the defendant was charged with dealing in stolen property and grand theft. The grand theft charge was based on the defendant’s obtaining money and a note from Garcia by falsely representing that he had clear title to the trailers. The defendant’s motion to dismiss the charges in Manatee County was denied. The defendant then pled nolo contendere reserving his right to appeal the denial of the motion to dismiss. We affirm in part and reverse in part.
Section 812.025, Florida Statutes (1981), forbids convictions for both theft and dealing in stolen property in connection with one scheme or course of conduct. The defendant having been convicted of grand theft in Pasco County, he may not also be convicted in Manatee County for the offense of dealing in the property stolen. Kelly v. State, 397 So. 2d 709 (Fla. 5th DCA 1981). We reverse as to that conviction.
However, we see no impediment to the conviction in Manatee County for grand theft based upon the fact that the-defendant obtained Garcia’s money and note by falsely representing that he had clear title to the trailers. Section 775.021(4), Fla.Stat. (1981); Borges v. State, 415 So. 2d 1265 (Fla.1982). Therefore, we affirm the grand theft conviction.
REVERSED in part and AFFIRMED in part.
HOBSON, A.C.J., and GRIMES, J., concur.
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Hall v. State, 826 So. 2d 268 (Fla. 2002)…PER CURIAM. We have for review Hall v. State, 767 So. 2d 560 (Fla. 4th DCA 2000), which certified a direct conflict with the decision in Victory v. State, 422 So. 2d 67 (Fla. 2d DCA 1982). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We quash the decision in part as explained below. Hall was charged by information on the following counts in case No. 99-762-CF: (I) giving false information to a pawnbrok…1 / 3
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T.S.R. v. State, 596 So. 2d 766 (Fla. 5th DCA 1992)…Fla. 5th DCA 1982); Kelly v. State, 397 So. 2d 709 (Fla. 5th DCA 1981); Ridley v. State, 407 So. 2d 1000 (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 t…
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Blackmon v. State, 121 So. 3d 535 (Fla. 2013)…with the First District’s reasoning, the Fourth District affirmed the adjudications of both grand theft and dealing in stolen property. Id. The Fourth District also certified conflict with the Second District’s decision in Vic [*544] tory v. State, 422 So. 2d 67, 68 (Fla. 2d DCA 1982). Hall, 767 So. 2d at 562. In Victory, pursuant to section 812.025, the Second District reversed a defendant’s conviction for dealing in stolen property based on a plea of nolo contendere after he was previously convicted of gr…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Borges v. State, 415 So. 2d 1265 (Fla. 1982)
- Kelly v. State, 397 So. 2d 709 (Fla. 5th DCA 1981)