SEAN MICHAEL RILEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that fraudulent use of a credit card and grand theft arising from a single transaction constitute degrees of the same offense, requiring vacation of one conviction.
Appellant was convicted of grand theft and fraudulent use of a credit card stemming from a single transaction. The trial court imposed concurrent sent…
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PER CURIAM.
By information dated June 10, 2002, Appellant was charged with one count of grand theft and two counts of fraudulent use of a credit card. These crimes occurred on May 18, 2002.
Appellant pled no contest to all counts in exchange for no particular sentence. On November 26, 2002, the trial court sentenced Appellant to concurrent two year state prison sentences on all counts, with credit for one day served, followed by three years’ probation. We reverse and remand for resentencing.
As in this case, in Ross v. State, 760 So. 2d 214 (Fla. 2d DCA 2000), the defendant was sentenced to fraudulent use of a credit card and grand theft. In Ross, the Second District ruled:
According to the trial court’s order denying relief, Ross’s convictions for fraud ulent use of a credit card, in violation of section 817.61, Florida Statutes (1991), and grand theft, in violation of section 812.014(2)(c)(l), Florida Statutes (1991), arose out a single transaction. Because section 817.61 contains a monetary element, this case is controlled by State v. McDonald, 690 So. 2d 1317 (Fla. 2d DCA 1997), in which this court affirmed a trial court order dismissing a grand theft charge.
See § 775.021(4), Fla. Stat. (2002).
Because illegally obtaining property through the use of a forged credit card and grand theft are degrees of the same offense, this case is remanded for the trial court to vacate Appellant’s conviction for grand theft, while maintaining Appellant’s sentence on one count of fraudulent use of a credit card.
REVERSED and REMANDED for re-sentencing.
BOOTH, DAVIS and PADOVANO, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gorday v. State, 907 So. 2d 640 (Fla. 3d DCA 2005)…offenses are degrees of theft); Johnson v. State, 597 So. 2d 798, 799 (Fla.1992)(dual convictions for theft of a handbag and of a firearm contained therein are unauthorized because taking accomplished with “one intent and one act”); Riley v. State, 854 So. 2d 807 (Fla. 1st DCA 2003) (because illegally obtaining property through use of forged credit card and grand theft are degrees of the same offense, appellant’s conviction for grant theft vacated and conviction for fraudulent use of credit card upheld); Ros…
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Shayla Lewis v. State, 264 So. 3d 1134 (Fla. 2d DCA 2019)…the lesser offense. See id. ("[B]ecause organized fraud includes all of the elements of grand theft as well as an additional element, grand theft is a lesser offense of organized fraud." (citing Pizzo, 945 So. 2d at 1207)); see also Riley v. State, 854 So. 2d 807, 808 (Fla. 1st DCA 2003) (holding that the defendant could not be convicted of illegally obtaining property through the use of a forged credit card and grand theft arising out of the same transaction because fraudulent use of a credit card and grand…
Authorities Cited
- State v. McDONALD, 690 So. 2d 1317 (Fla. 2d DCA 1997)
- Ross v. State, 760 So. 2d 214 (Fla. 2d DCA 2000)
- Bell v. State, 760 So. 2d 214 (Fla. 2d DCA 2000)