GREGORY ALLEN DAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1988-09-29
No. 87-1515
SMITH, C.J., and NIMMONS, J., concur.
531 So. 2d 426 Florida District Court of Appeal, First District (1988) Positive Treatment
Cited by 4 cases
Opinion of the Court
MILLS, Judge.

MILLS, Judge.

Day appeals from convictions for petit theft and dealing in stolen property. Pursuant to Alexander v. State, 470 So. 2d 856 (Fla. 1st DCA 1985) and Ridley v. State, 407 So. 2d 1000 (Fla. 5th DCA 1981), the conviction for petit theft is vacated and we remand for correction of the judgment and scoresheet. The case is in all other respects affirmed.

SMITH, C.J., and NIMMONS, J., concur.

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  • Kennis Lee Schummer v. State, 657 So. 2d 3 (Fla. 1st DCA 1995)
    …verdict on one or the other, but not both. We affirm the conviction for dealing in stolen property, but vacate the conviction for petit theft, and remand for correction of sentence to reflect that the petit theft conviction is vacated. Day v. State, 531 So. 2d 426 (Fla. 1st DCA 1988); Alexander v. State, 470 So. 2d 856 (Fla. 1st DCA), review denied, 480 So. 2d 1293 (Fla.1985). The trial judge imposed a downward-departure sentence, without giving written reasons for the departure, based on a scoresheet which…
  • Blackmon v. State, 58 So. 3d 343 (Fla. 1st DCA 2011)
    …. 2d 110 (Fla. 1st DCA 2003); Day v. State, 793 So. 2d 68 (Fla. 1st DCA 2001); Golden v. State, 688 So. 2d 419 (Fla. 1st DCA 1997); Schummer v. State, 657 So. 2d 3 (Fla. 1st DCA 1995); Gray v. State, 611 So. 2d 100 (Fla. 1st DCA 1992); Day v. State, 531 So. 2d 426 (Fla. 1st DCA 1988). In Alexander, the defendant was charged with grand theft of an outboard motor and trafficking in stolen property for selling the same motor. See 470 So. 2d at 856. The jury returned a guilty verdict on both counts. Id. At the s…

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