JEFFREY EUGENE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
On June 20, 2001, we affirmed appellant’s convictions on the authority of Hall v. State, 767 So. 2d 560 (Fla. 4th DCA 2000). On July 10, 2001, we stayed issuance of the mandate pending the supreme court’s review of Hall.
Based on Hall v. State, 826 So. 2d 268 (Fla.2002), we reverse appellant’s convictions for grand theft and dealing in stolen property. A trial judge is prohibited “from adjudicating a defendant guilty of both theft and dealing in stolen property in connection with one scheme or course of conduct pursuant to a plea of nolo conten-dere.” Id. at 271.
Appellant’s motion for rehearing is granted and the case is remanded to the circuit court for resentencing.
POLEN, C.J., STONE and GROSS, JJ„ concur.
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Theron A. Toson, Sr. v. State, 864 So. 2d 552 (Fla. 4th DCA 2004)…with one scheme or course of conduct. That Toson’s convictions and sentences were the result of an open plea of guilt to the charges against him does not alter the result. See Hall v. State, 826 So. 2d 268, 271 (Fla.2002); see also Eugene v. State, 828 So. 2d 1055 (Fla. 4th DCA 2002). Although in Hall the plea was nolo contendere, the holding in Hall is equally applicable to an open guilty plea, as it is accepted by the trial court in the same manner as a nolo contendere plea. See Fla. R.Crim. P. 3.170, 3.171…1 / 2
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Pomaski v. State, 989 So. 2d 721 (Fla. 4th DCA 2008)…a. Stat. (2006). The proscription applies even in cases in which a defendant enters an open plea of guilt or no contest “to the charges against him.” Toson, 864 So. 2d at 556 (citing Hall v. State, 826 So. 2d 268, 271 (Fla.2002) and Eugene v. State, 828 So. 2d 1055 (Fla. 4th DCA 2002)). Where “the information, the probable cause affidavit, and the factual basis presented” to support the plea establish that both the grand theft and dealing in stolen property arose from the same scheme or course of conduct, the…
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Earnest F. Jackson v. State, 867 So. 2d 1274 (Fla. 4th DCA 2004)…prohibits an individual from being convicted of theft and dealing in stolen property in connection with one scheme or course of conduct. We remand this case to the circuit court to vacate the sentence on the grand theft charge. See Eugene v. State, 828 So. 2d 1055 (Fla. 4th DCA 2002). WARNER and STEVENSON, JJ„ concur.…
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- Hall v. State, 826 So. 2d 268 (Fla. 2002)
- Artis J. Kelly v. State, 767 So. 2d 560 (Fla. 4th DCA 2000)
- Wester v. State, 767 So. 2d 560 (Fla. 4th DCA 2000)