STEVEN SENELUS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Appellant's dual convictions for grand theft and robbery arising from a single taking violated double jeopardy; the court vacated the grand theft conviction and affirmed the robbery conviction.
Dual convictions for grand theft of a vehicle and robbery of contents within that vehicle constitute a double jeopardy violation requiring vacation of the lesser offense.
[1] Convictions for grand theft of a vehicle and robbery of property contained within that vehicle, arising from a single taking, constitute a double jeopardy violation becau…
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Join FLexlaw to unlock all legal intelligence“these offenses are merely degree variants of the core offense of theft”
Sirmons v. State, explaining why convictions for grand theft and robbery from a single taking violate double jeopardy
Senelus was convicted of grand theft of a truck and trailer and robbery for taking the contents of a briefcase inside the truck.…
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WELLS, Judge.
Steve Senelus appeals from dual convictions for grand theft of a truck and trailer and robbery for taking the contents of a briefcase that was inside the truck. We agree that these dual convictions constitute a double jeopardy violation. See Sirmons v. State, 634 So. 2d 153, 154 (Fla.1994) (finding that convictions for grand theft and robbery which arose from a single taking of an automobile at knifepoint violate double jeopardy because “these offenses are merely degree variants of the core offense of theft”); Beaudry v. State, 809 So. 2d 83, 84 (Fla. 5th DCA 2002) (relying upon Sirmons, holding that convictions for grand theft of a car and grand theft of computer equipment that was inside it constituted a double jeopardy violation); see also Gorday v. State, 907 So. 2d 640, 645 (Fla. 3d DCA 2005) (finding convictions for robbery of a purse and theft of a credit card inside the purse to be a double jeopardy violation); Ford v. State, 849 So. 2d 477, 478 (Fla. 4th DCA 2003) (holding that dual convictions for grand theft of a vehicle and grand theft of the construction equipment inside the vehicle constituted a double jeopardy violation).
We therefore vacate the grand theft conviction and, finding no merit in the remainder of Senelus’ arguments, affirm the robbery conviction and remand for resentencing. See Olivard v. State, 831 So. 2d 823, 824 (Fla. 4th DCA 2002) (stating the proper remedy for a double jeopardy violation is to vacate the conviction for the lesser offense and affirm the conviction for the greater offense).
Affirmed in part, reversed in part, and remanded for resentencing.
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Citator
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Johnson v. State, 228 So. 3d 1164 (Fla. 1st DCA 2017)…v. State, 803 So. 2d 695, 704 (Fla. 2001). Florida courts have continuously held that dual convictions for grand theft auto and theft of property within the vehicle at the time of the taking violate double jeopardy principles. See Senelus v. State, 994 So. 2d 493 (Fla. 3d DCA 2008); Holmes v. State, 923 So. 2d 557 (Fla. 1st DCA 2006); Ford v. State, 849 So. 2d 477 (Fla. 4th DCA 2003); Mixson v. State, 857 So. 2d 362 (Fla. 1st DCA 2003); Beaudry v. State, 809 So. 2d 83 (Fla. 5th DCA 2002); Sirmons v. State, 6…
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Senelus v. State, 10 So. 3d 1119 (Fla. 3d DCA 2009)…SUAREZ, J. Steve Senelus seeks a grant of a petition for wiit of habeas corpus asserting ineffective assistance of appellate counsel. We deny the petition. See Senelus v. State, 994 So. 2d 493 (Fla. 3d DCA 2008) (affirming conviction for robbery). Petition denied.…
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Senelus v. State, 99 So. 3d 517 (Fla. 3d DCA 2011)…nd theft of a truck and trailer, and robbery for taking the contents of a briefcase that was inside the truck. On appeal, we vacated the conviction for grand theft under double-jeopardy principles and remanded for resentencing. See Senelus v. State, 994 So. 2d 493 (Fla. 3d DCA 2008). The defendant was resentenced on January 30, 2009. The only motions the defendant has filed since his appeal are a petition for habeas corpus, alleging ineffective assistance of appellate counsel with this Court, and a motion t…
Authorities Cited
- Sirmons v. State, 634 So. 2d 153 (Fla. 1994)
- Erickson Olivard v. State, 831 So. 2d 823 (Fla. 4th DCA 2002)
- Ford v. State, 849 So. 2d 477 (Fla. 4th DCA 2003)
- State v. Benedetti, 809 So. 2d 83 (Fla. 5th DCA 2002)
- Beaudry v. State, 809 So. 2d 83 (Fla. 5th DCA 2002)
- Gorday v. State, 907 So. 2d 640 (Fla. 3d DCA 2005)