KEITH NAUGHTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KEITH NAUGHTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
889 So. 2d 931
Florida District Court of Appeal, Fourth District (2004)
Caution
Cited by 2 cases
Opinion of the Court
PER curiam:.
We affirm appellant’s convictions for burglary and two counts of dealing in stolen property. Multiple convictions for dealing in property stolen from the same burglary do not constitute a double jeopardy violation where, as here, the stolen items were sold on different dates to different pawn shops.
However, as the state acknowledges, we must remand this case for the trial court to clarify whether it intends the 30-year HFO sentences imposed on Counts II and III, dealing in stolen property, to run concurrently or consecutively to the 30-year HFO sentence in Case No. 02-12332 CF10A, and if necessary, to correct the written sentences to reflect the court’s intent.
FARMER, C.J., STONE and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Bernardino Ramos Vazquez v. State, 31 So. 3d 280 (Fla. 2d DCA 2010)…ecause Vazquez may be able to prove that he is entitled to additional credit, we affirm his convictions and sentences without prejudice to any right he may have to file a timely postcon-viction motion that seeks additional credit. See Lowe v. State, 889 So. 2d 931, 933 (Fla. 2d DCA 2004). The circuit court should not deem such a motion successive. Id. Affirmed without prejudice to seek post-conviction relief. LaROSE and CRENSHAW, JJ., Concur.…
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Bradley v. State, 174 So. 3d 1052 (Fla. 5th DCA 2015)…courts have determined that multiple convictions for dealing in stolen property do not constitute a double jeopardy violation when the items were stolen from the same burglary but “sold on different dates to different pawn shops.” Naughton v. State, 889 So. 2d 931, 931 (Fla. 4th DCA 2004). Additionally, courts in other states have held that “if a defendant acquires possession of stolen goods on day one, additional stolen goods on day two, and is caught in possession of .those goods on day three, he committed…