OSCAR GOMEZ GUERRA
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Dual convictions for grand theft and dealing in stolen property violate section 812.025, Florida Statutes, when the underlying conduct—theft and sale of property on the same morning—constitutes a single scheme or course of conduct. One of the two convictions must be vacated.
[1] A defendant may not be convicted of both grand theft and dealing in stolen property when the theft and subsequent sale of the same property constitute a single scheme or…
[2] Section 812.025, Florida Statutes, prohibits multiple convictions arising from conduct committed in conjunction with one transaction, and the statute applies when a defen…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“his theft and sale of an RV trailer on the same morning were in conjunction with one scheme or course of conduct”
Court's statement of the factual and legal basis for reversal
Oscar Gomez Guerra stole an RV trailer and sold it on the same morning in what constituted a unified scheme of criminal activity. He was convicted of …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Scheme Or Course Of Conduct cases and more on FLexlaw
FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA
Case No. 5D2025-1772 LT Case No. 42-2023-CF-2888-B
OSCAR GOMEZ GUERRA, Appellant,
v. STATE OF FLORIDA, Appellee.
On appeal from the Circuit Court for Marion County. Timothy Thomas McCourt, Judge.
Matthew J. Metz, Public Defender, and Louis A. Rossi, Assistant Public Defender, Daytona Beach, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Kurt T. Koehler, Assistant Attorney General, Daytona Beach, for Appellee.
April 2, 2026
PER CURIAM.
Appellant correctly claims that his dual convictions for grand theft and dealing in stolen property violated section 812.025, Florida Statutes (2023), where his theft and sale of an RV trailer on the same morning were in conjunction with one scheme or course of conduct. See Anucinski v. State, 148 So. 3d 106, 110 (Fla. 2014); Williams v. State, 121 So. 3d 524, 533 (Fla. 2013); Ramirez v. State, 286 So. 3d 959, 960 (Fla. 5th DCA 2020); Bradshaw v. State, 263 So. 3d 1139, 1140 (Fla. 1st DCA 2019); Parnell v. State, 661 So. 2d 128, 128 (Fla. 1st DCA 1995); Shearer v. State, 582 So. 2d 28, 29 (Fla. 5th DCA 1991); Jones v. State, 453 So. 2d 1192, 1194 (Fla. 3d DCA 1984); Daniels v. State, 422 So. 2d 1024, 1024–25 (Fla. 1st DCA 1982); Victory v. State, 422 So. 2d 67, 68 (Fla. 2d DCA 1982); Kelly v. State, 397 So. 2d 709, 710 (Fla. 5th DCA 1981). Accordingly, we reverse and remand with directions that the trial court vacate Appellant's conviction and sentence for grand theft. See Simon v. State, 840 So. 2d 1173, 1174 (Fla. 5th DCA 2003); Kilmartin v. State, 848 So. 2d 1222, 1224 (Fla. 1st DCA 2003). We affirm without comment Appellant's jury instruction claim.
AFFIRMED in part; REVERSED in part; and REMANDED with directions.
JAY, C.J., and KILBANE and MACIVER, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Guerra v. State (Fla. 5th DCA 2026)…heft and sale of an RV trailer on the same morning were in conjunction with one scheme or course of conduct. See Anucinski v. State, 148 So. 3d 106, 110 (Fla. ---PAGE 2--- 2014); Williams v. State, 121 So. 3d 524, 533 (Fla. 2013); Ramirez v. State, 286 So. 3d 959, 960 (Fla. 5th DCA 2020); Bradshaw v. State, 263 So. 3d 1139, 1140 (Fla. 1st DCA 2019); Parnell v. State, 661 So. 2d 128, 128 (Fla. 1st DCA 1995); Shearer v. State, 582 So. 2d 28, 29 (Fla. 5th DCA 1991); Jones v. State, 453 So. 2d 1192, 1194 (Fla. 3…
Authorities Cited (11 total)
- Jones v. State, 453 So. 2d 1192 (Fla. 3d DCA 1984)
- Williams v. State, 121 So. 3d 524 (Fla. 2013)
- Kilmartin v. State, 848 So. 2d 1222 (Fla. 1st DCA 2003)
- Kelly v. State, 397 So. 2d 709 (Fla. 5th DCA 1981)
- Victory v. State, 422 So. 2d 67 (Fla. 2d DCA 1982)
- Cliff Parnell v. State, 661 So. 2d 128 (Fla. 1st DCA 1995)
- Anucinski v. State, 148 So. 3d 106 (Fla. 2014)
- Daniels v. State, 422 So. 2d 1024 (Fla. 1st DCA 1982)
- Simon v. State, 840 So. 2d 1173 (Fla. 5th DCA 2003)
- Bradshaw v. State, 263 So. 3d 1139 (Fla. 1st DCA 2019)