SAMUEL ARTHUR BISHOP, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SAMUEL ARTHUR BISHOP, APPELLANT,
STATE OF FLORIDA, APPELLEE
718 So. 2d 890
Florida District Court of Appeal, Second District (1998)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
Samuel Arthur Bishop appeals judgments and sentences for grand theft in the first degree, a first-degree felony, and dealing in stolen property, a second-degree felony. It is undisputed that both offenses arose out of one scheme or course of conduct. We affirm the judgment and sentence for grand theft. Pursuant to section 812.025, Florida Statutes (1995), we strike the judgment and sentence for the less serious offense of dealing in stolen property. See Ridley v. State, 407 So. 2d 1000. (Fla. 5th DCA 1981).
THREADGILL, A.C.J., ALTENBERND, J., and DAKAN, STEPHEN L., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Anderson v. State, 2 So. 3d 303 (Fla. 4th DCA 2008)…ee conviction and five year sentence for grand theft. The remedy routinely imposed under these circumstances, however, is vacating the conviction which carries the lesser sentence. Blair v. State, 667 So. 2d 834 (Fla. 4th DCA 1996); Bishop v. State, 718 So. 2d 890 (Fla. 2d DCA 1998); State v. Dasher, 687 So. 2d 916 (Fla. 5th DCA 1997). We have considered the other issues raised by appellant and find them to be without merit. We reverse and remand for the trial court to vacate the grand theft conviction. STE…1 / 2
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Anucinski v. State, 90 So. 3d 879 (Fla. 2d DCA 2012)…, this court had consistently directed trial courts in cases arising out of one scheme or course of conduct to simply vacate the less serious of the two offenses, regardless of whether the case involved a plea or a trial. See, e.g., Bishop v. State, 718 So. 2d 890 (Fla. 2d DCA 1998); Duncan v. State, 503 So. 2d 443 (Fla. 2d DCA 1987); Repetti v. State, 456 So. 2d 1299 (Fla. 2d DCA 1984); Rife v. State, 446 So. 2d 1157 (Fla. 2d DCA 1984); Victory v. State, 422 So. 2d 67 (Fla. 2d DCA 1982). But the procedure o…
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Drew v. State, 861 So. 2d 110 (Fla. 1st DCA 2003)…So. 2d 1000 (Fla. 5th DCA 1981); Alexander v. State, 470 So. 2d 856 (Fla. 1st DCA 1985); Schummer v. State, 657 So. 2d 3 (Fla. 1st DCA 1995); Blair v. State, 667 So. 2d 834 (Fla. 4th DCA 1996), approved, 698 So. 2d 1210 (Fla.1997); Bishop v. State, 718 So. 2d 890 (Fla. 2d DCA 1998). VAN NORTWICK, PADOVANO and HAWKES, JJ., concur.…
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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)