STATE OF FLORIDA, APPELLANT,

v.

SAMUEL BENEDETTI, APPELLEE

Citator

Cited By

• Rudolf v. State, 851 So. 2d 839 (Fla. 2d DCA 2003)
  …from obtaining convictions on both grand theft of a motor vehicle and grand theft of the contents when “there is one act of taking (of the car and its contents) with no geographic or temporal separation between two acts of taking.” Beaudry v. State, 809 So. 2d 83, 84 (Fla. 5th DCA 2002); see Sirmons v. State, 634 So. 2d 153 (Fla.1994); Johnson v. State, 597 So. 2d 798 (Fla.1992). Beaudry was convicted of grand theft of a motor vehicle and grand theft for computer equipment that was in the vehicle at the time…
• Mixson v. State, 857 So. 2d 362 (Fla. 1st DCA 2003)
  …. State, 597 So. 2d 798 (Fla.1992); Oliver v. State, 842 So. 2d 259 (Fla. 5th DCA 2003). In Beaudry v. State, the defendant stole a car containing computer equipment and was convicted of grand theft motor vehicle and grand theft of $10,000 or more. 809 So. 2d 83, 84 (Fla. 5th DCA 2002). The defendant challenged the convictions on double jeopardy grounds arguing that under Sirmons he could only be convicted of one criminal act. See id. The Fifth District agreed, finding that “there is one act of taking (of t…
• Ford v. State, 849 So. 2d 477 (Fla. 4th DCA 2003)
  …is required. Because appellant pled in open court to the charges against him, there is nothing to suggest that he waived his right to raise this double jeopardy violation. See Novaton v. State, 634 So. 2d 607, 608 (Fla.1994). In Beaudry v. State, 809 So. 2d 83 (Fla. 5th DCA 2002), the defendant stole a car containing computer equipment and was convicted of grand theft of a motor vehicle and grand theft of $10,000 or more. The Fifth District held that double jeopardy precluded convictions for both grand th…

Authorities Cited

• State v. Domina Travis, 808 So. 2d 194 (Fla. 2002)
• Domina Travis v. State, 754 So. 2d 59 (Fla. 5th DCA 2000)