C.E.C., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Juvenile's adjudication for grand theft was reversed as constituting double jeopardy when the same stolen items were also the basis for dealing in stolen property convictions arising from a single continuous taking.
An adjudication for grand theft and dealing in stolen property based on the same items taken in a single continuous transaction violates double jeopardy principles and requires reversal of the grand theft conviction.
[1] Multiple adjudications for grand theft and dealing in stolen property based on the same items taken in a single continuous transaction constitute double jeopardy and requ…
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Join FLexlaw to unlock all legal intelligenceC.E.C., a juvenile, was adjudicated delinquent for burglary, grand theft, two counts of dealing in stolen property, and violation of probation. The gr…
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PER CURIAM.
C.E.C., a juvenile, appeals a final order of adjudication and disposition entered on December 18, 2003, by which appellant was adjudicated delinquent for the offenses of burglary, grand theft, dealing in stolen property (two counts), and violation of probation. By this adjudication/disposition order, appellant was committed to the Department of Juvenile Justice for placement in a moderate risk facility. The grand theft offense involved the theft of the same items which were sold by appellant when he committed the two offenses of dealing in stolen property.
Appellant argues that, as a result, an adjudication of delinquency for offense of grand theft as well as for the offenses of dealing in stolen property in the case at bar therefore constitute double jeopardy because all of the offenses were part of a single, continuous taking. Hall v. State, 826 So. 2d 268 (Fla.2002); Kilmartin v. State, 848 So. 2d 1222 (Fla. 1st DCA 2003). Although this error was not raised below, it is cognizable on appeal as fundamental error. Kilmartin; Henderson v. State, 778 So. 2d 1046 (Fla. 1st DCA 2001). The state correctly concedes that under Hall and Kilmartin reversal is required.
Accordingly, the adjudication of delinquency for grand theft is reversed and the cause is remanded for further proceedings consistent with this opinion, including the reconsideration of the disposition order. REVERSED and REMANDED.
ALLEN, VAN NORTWICK and BROWNING, JJ., CONCUR.
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Citator
Cited By
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Lutz v. State, 60 So. 3d 500 (Fla. 1st DCA 2011)…d sentence for petit theft and remand for the trial court to correct the judgment and sentence accordingly. See, e.g., Blackmon v. State, 58 So. 3d 343 (Fla. 1st DCA 2011) (certifying conflict with Kiss regarding the proper remedy); C.E.C. v. State, 884 So. 2d 421 (Fla. 1st DCA 2004); Day v. State, 793 So. 2d 68 (Fla. 1st DCA 2001); Smith v. State, 789 So. 2d 521 (Fla. 1st DCA 2001); Schummer v. State, 657 So. 2d 3 (Fla. 1st DCA 1995); Alexander v. State, 470 So. 2d 856 (Fla. 1st DCA 1985). Accord Bishop v. S…
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Foust v. State, 6 So. 3d 79 (Fla. 1st DCA 2009)…PER CURIAM. AFFIRMED. C.E.C. v. State, 884 So. 2d 421 (Fla. 1st DCA 2004); Kilmartin v. State, 848 So. 2d 1222 (Fla. 1st DCA 2003). DAVIS, BENTON, and PADOVANO, JJ., concur.…
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M.M. v. State, 36 So. 3d 797 (Fla. 1st DCA 2010)…tolen property in connection with one scheme or course of conduct in separate counts that may be consolidated for trial, but the trier of fact may return a guilty verdict on one or the other, but not both, of the counts. See also C.E.C. v. State, 884 So. 2d 421 (Fla. 1st DCA 2004). Accordingly, the adjudication of delinquency for grand theft is reversed and the case is remanded for further proceedings consistent with this opinion. WEBSTER, LEWIS, and ROBERTS, JJ., concur.…
Authorities Cited
- Hall v. State, 826 So. 2d 268 (Fla. 2002)
- Kilmartin v. State, 848 So. 2d 1222 (Fla. 1st DCA 2003)
- Henderson v. State, 778 So. 2d 1046 (Fla. 1st DCA 2001)