JULIO ACOSTA, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Vannie Newton, Jr. v. State, 31 So. 3d 892 (Fla. 4th DCA 2010)
  …w and is reviewed de novo.” Pizzo v. State, 945 So. 2d 1203, 1206 (Fla.2006). “It is undisputed that double jeopardy principles preclude convictions for both grand theft and organized fraud based upon the same conduct.” Id. See also Pineda v. State, 3 So. 3d 1289 (Fla. 4th DCA 2009). The grand thefts, which were facilitated by his forgeries of his employer’s checks, are the same conduct upon which the organized scheme to defraud charge was based. See Donovan v. State, 572 So. 2d 522 (Fla. 5th DCA 1990) (hold…
• Tilakia Beamon v. State, 23 So. 3d 209 (Fla. 4th DCA 2009)
  …tic, ongoing course of conduct with intent to defraud or take property). Pizzo makes clear that an offender cannot be convicted constitutionally of both organized scheme to defraud and grand theft for the same conduct. Id.; see also Pineda v. State, 3 So. 3d 1289 (Fla. 4th DCA 2009) (dual conviction for both organized scheme to defraud and grand theft for same conduct is double jeopardy violation); Raines v. State, 19 So. 3d 331 (Fla. 2d DCA 2009). It follows that defendant’s conviction must be Affirmed.…
• Robinson v. State, 48 So. 3d 1031 (Fla. 4th DCA 2010)
  …t. We reverse and remand to the circuit court to vacate the conviction for grand theft and resentence appellant for organized fraud. See Pizzo v. State, 945 So. 2d 1203 (Fla.2006); Newton v. State, 31 So. 3d 892 (Fla. 4th DCA 2010); Pineda v. State, 3 So. 3d 1289 (Fla. 4th DCA 2009). GROSS, C.J., MAY and GERBER, JJ., concur.…

Authorities Cited

• Jackson v. State, 979 So. 2d 1153 (Fla. 5th DCA 2008)