STATE OF FLORIDA, PETITIONER,
v.
DENNIS WAYNE THOMPSON, RESPONDENT
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OVERTON, Justice.
This is a petition to review Thompson v. State, 585 So. 2d 492 (Fla. 5th DCA 1991), in which the Fifth District Court of Appeal held that Thompson cannot be sentenced for both the sale of a counterfeit controlled substance and for felony petit theft when both offenses are based on the same conduct. The district court certified the following question as one of great public importance:
CAN A DEFENDANT BE PROPERLY CONVICTED OF BOTH FRAUDULENT SALE OF A COUNTERFEIT CONTROLLED SUBSTANCE AND FELONY PETIT THEFT WHERE BOTH CHARGES AROSE FROM THE SAME FRAUDULENT SALE?
Id. at 495. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer the certified question in the negative and approve in full the district court decision, finding that it is consistent with our decision in Houser v. State, 474 So. 2d 1193 (Fla.1985). We find that State v. Bussey, 463 So. 2d 1141 (Fla.1985), is not applicable under the circumstances of this case and agree with the district court that this is a theft crime. We adopt the opinion of the district court as the opinion of this Court.
It is so ordered.
BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
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Citator
Cited By (23 total)
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Eli Enrique Valdes v. State, 3 So. 3d 1067 (Fla. 2009)…degree factors. Id. at 154. In doing so, this Court relied on earlier decisions in which it found that dual convictions for other crimes that were also aggravated forms of theft violated double jeopardy. See id. at 153-54 (citing State v. Thompson, 607 So. 2d 422 (Fla.1992); Johnson v. State, 597 So. 2d 798 (Fla.1992)). Three years later, in State v. Anderson, 695 So. 2d 309 (Fla.1997), this Court held that the prohibition against double jeopardy was violated where the defendant was charged and convicted of…
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Sirmons v. State, 634 So. 2d 153 (Fla. 1994)…PER CURIAM. We have for review Sirmons v. State, 603 So. 2d 82 (Fla. 5th DCA 1992), based on express and direct conflict with our decisions in Johnson v. State, 597 So. 2d 798 (Fla.1992), and State v. Thompson, 607 So. 2d 422 (Fla.1992). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Jesse Sirmons was convicted of grand theft of an automobile1 and robbery with a weapon.2 The convictions arose from a single taking of an automobile at knife point. Sir-mons now argue…1 / 3
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Bryon Gordon v. State, 780 So. 2d 17 (Fla. 2001)…hing a purse containing both cash and a firearm. See id. at 799. We concluded that the value of the goods or the taking of a firearm merely defined the degree of the felony and did not consti [*21] tute separate crimes. See id. In State v. Thompson, 607 So. 2d 422 (Fla.1992), we adopted the lower court’s opinion, holding that dual convictions for fraudulent sale of a counterfeit controlled substance and felony petit theft were impermissible. Relying on Johnson and Thompson, we held in Sirmons v. State, 634 So…
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- Ramsey v. State, 474 So. 2d 1193 (Fla. 1985)
- Houser v. State, 474 So. 2d 1193 (Fla. 1985)
- State v. Bussey, 463 So. 2d 1141 (Fla. 1985)
- Thompson v. State, 585 So. 2d 492 (Fla. 5th DCA 1991)