W.J., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DAUKSCH, Judge.
This is an appeal from an order of adjudication of delinquency and order of commitment in which appellant was found guilty of both grand theft and dealing in stolen property. Appellant raises two points on appeal. First, that section 812.025, Florida Statutes (1983), prevents the imposition of an adjudication of delinquency for both offenses where he is charged with both in the same information and both charges involve the same property. The evidence shows only one scheme or course of conduct involving the theft and sale of the stolen property so only one adjudication of delinquency is allowed. See Lennear v. State, 424 So. 2d 151 (Fla. 5th DCA 1982); Kelly v. State, 397 So. 2d 709 (Fla. 5th DCA 1981). Second, appellant contends that the evidence was insufficient to support the adjudication. We find the evidence to be sufficient. Accordingly, the adjudication for the lesser offense of grand theft, second degree, is set aside and the adjudication for trafficking in stolen property is affirmed. See Ridley v. State, 407 So. 2d 1000 (Fla. 5th DCA 1981).
It is so ordered.
ORFINGER and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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T.S.R. v. State, 596 So. 2d 766 (Fla. 5th DCA 1992)…e in the alternative and has prohibited convictions for both offenses, when they relate to the same stolen property and the same defendant, in section 812.025, Florida Statutes. See Shearer v. State, 582 So. 2d 28 (Fla. 5th DCA 1991); W.J. v. State, 485 So. 2d 22 (Fla. 5th DCA 1986); Lennear v. State, 424 So. 2d 151 (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…
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Shearer v. State, 582 So. 2d 28 (Fla. 5th DCA 1991)…ng the camera, luggage, and clothing on June 20, 1989. Because the theft arose out of the same course of conduct or scheme as the fencing crime, we reverse and set aside the conviction and sentence for the lesser crime of petit theft. W.J. v. State, 485 So. 2d 22 (Fla. 5th DCA 1986); Ridley v. State, 407 So. 2d 1000 (Fla. 5th DCA 1981); § 812.025, Fla.Stat. (1989). We affirm the order imposing costs. The court imposed statutorily mandated costs,1 and appellant argues that the imposition was improper in that…
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Duncan v. State, 503 So. 2d 443 (Fla. 2d DCA 1987)…h, of the counts. Section 812.025 prohibits conviction for both petit theft and dealing in stolen property where both charges appear in the same information, involve the same property and involve only one scheme or course of conduct. W.J. v. State, 485 So. 2d 22 (Fla. 5th DCA 1986); Repetti v. State, 456 So. 2d 1299 (Fla. 2d DCA 1984); Victory v. State, 422 So. 2d 67 (Fla. 2d DCA 1982). Duncan was charged with petit theft in violation of section 812.014(2)(b) and with dealing in stolen property in violatio…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ridley v. State, 407 So. 2d 1000 (Fla. 5th DCA 1981)
- Jollie v. State, 407 So. 2d 1000 (Fla. 5th DCA 1981)
- Kelly v. State, 397 So. 2d 709 (Fla. 5th DCA 1981)
- Sammie Lee Lennear v. State, 424 So. 2d 151 (Fla. 5th DCA 1982)