OTIS YOUNG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The defendant was charged by information and convicted with the offenses of armed robbery, contrary to Florida Statute, Section 812.13(1) and (2)(a); aggravated battery, contrary to Florida Statute, Section 784.045; and grand theft, contrary to Florida Statute, Sections 812.014(l)(a), 812.014(l)(b), and 812.014(2)(b). Sentencing was entered for all convictions but that of grand theft. The defendant argues that his conviction for grand theft cannot stand because it is the lesser included offense of armed robbery. We agree and reverse the grand theft conviction. Broomfield v. State, 436 So. 2d 435 (Fla. 4th DCA 1983); Bell v. State, 437 So. 2d 1057 (Fla.1983).
The defendant also argues that his conviction and sentencing for aggravated battery cannot stand because it too is a lesser included offense of the armed robbery conviction. We do not agree. We affirm upon the authority of Gaylord v. State, 413 So. 2d 72 (Fla. 2d DCA 1982); Gilbert v. State, 410 So. 2d 609 (Fla. 5th DCA 1982).
Accordingly, this cause is remanded to the trial court with instructions to vacate the conviction of grand theft.
REVERSED IN PART; AFFIRMED IN PART AND REMANDED.
HURLEY, DELL and WALDEN, JJ., concur.
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Nash v. State, 547 So. 2d 147 (Fla. 4th DCA 1989)…cted of both grand theft and armed robbery based on the same underlying act since grand theft is a lesser included offense of armed robbery. See Carawan v. State, 515 So. 2d 161 (Fla. 1987); State v. Bing, 514 So. 2d 1101 (Fla.1987); Young v. State, 454 So. 2d 586 (Fla. 4th DCA 1984), rev. denied, 461 So. 2d 116 (Fla.1985). Here, Nash’s armed robbery and grand theft convictions were based upon a single underlying act — the theft of the automobile in Broward County. Double jeopardy considerations mandate that…
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Sylvester v. State, 462 So. 2d 1219 (Fla. 4th DCA 1985)…PER CURIAM. On authority of Young v. State, 454 So. 2d 586 (Fla. 4th DCA 1984), we reverse appellant’s conviction of the offense of grand theft, and remand to the trial court with instructions to vacate that conviction and resentence appellant on the robbery conviction. ANSTEAD, C.J., and LETTS and GLICKS…
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Prince Jamala Grey v. State, 992 So. 2d 920 (Fla. 4th DCA 2008)…shall be vacated. Convictions for grand theft and robbery of the same property violate double jeopardy because those offenses are aggravated forms of the same underlying offense. See Simmons v. State, 634 So. 2d 153, 154 (Fla.1994); Young v. State, 454 So. 2d 586, 587 (Fla. 4th DCA 1984). Nothing in the record of the plea bargain indicates that appellant waived the double jeopardy violation as part of the plea. SHAHOOD, C.J., FARMER and GROSS, JJ., concur.…
Authorities Cited
- Bell v. State, 437 So. 2d 1057 (Fla. 1983)
- Gaylord v. State, 413 So. 2d 72 (Fla. 2d DCA 1982)
- Broomfield v. State, 436 So. 2d 435 (Fla. 4th DCA 1983)
- Gilbert v. State, 410 So. 2d 609 (Fla. 5th DCA 1982)